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Bombay High CourtAPL/834/2016others disposed off

Yashodhan Sharad Adamne And ORS v. The State Of Maharashtra And ANR

2017-06-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Ranjit More.2 pages

1 APL 834-13.doc-901

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.834 OF 2016 Mr. Yashodhan Sharad Adamne & Ors.

] ... Applicants

Versus

The State of Maharashtra & Anr.

] ... Respondents Mr. K. J. Patil for Applicants.

Mrs. M. H. Mhatre, APP for State.

Mr. A. B. Tajane for Respondent No.2.

CORAM :- RANJIT MORE & SARANG V. KOTWAL, JJ.

DATE :- 13 JUNE, 2017 P. C. :- 1.

Heard the learned Advocate for applicants, the learned Advocate for respondent no.2 and the learned APP. 2.

The petition is filed for quashing and setting aside the FIR bearing C.R.No.61/2016 registered with Khadki Police Station, Pune, on 30/03/2016. The said FIR was registered at the instance of the respondent no.2 against the applicants and others for the offences punishable under Sections 420, 465, 467 and 468 r/w 34 of IPC. 3.

Pending investigation, the parties settled their dispute amicably with the intervention of relatives and friends and thereafter they approached this Court for quashing the subject FIR by consent. URS

2 APL 834-13.doc-901 4.

The respondent no.2 has filed an affidavit dated 12/06/2017. In paragraph 2 of the said affidavit, she states that she does not want to continue with the further investigation of the subject F.I.R. and has also given her consent for quashing and setting aside the subject F.I.R. On the specific query, she says that she has gone through the contents of the petition and she has no objection to quash and set aside the proceedings of the subject criminal case against the applicants as well as others. She has also stated she has given consent out of her free will and without any force or coercion. 5.

It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of the complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially in view of the law laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab1, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened.

6.

In view of the above, the Criminal Application stands disposed off.

(SARANG V. KOTWAL, J.) (RANJIT MORE, J.) 2014 AIR SCW 2065 URS