Deepak Vasantrao Shinde v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3071 OF 2018 Deepak Vasantrao Shinde

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. J. S. Shukla I/b Mr. Pankaj P. Deokar for the Petitioner Mr. S. R. Shinde, A.P.P for the Respondent No.1-State Mr. J. P. Mishra a/w Mr. Nitesh Pandey for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

WEDNESDAY, 16 th JANUARY 2019 P.C. :

Parties with their counsel jointly request for quashing offence under Section 420 of Indian Penal Code. The respondent No. 2-complainant has accordingly tendered consent affidavit. Facts show that petitioner assured a job to respondent No. 2 for consideration of Rs. 6,25,000/-. As respondent No. 2 did not get that job, police complaint came to be filed. 1/3

It is, therefore, obvious that respondent No.2-complainant also wanted to circumvent formal procedure of open selection and purchase a job because of money with him. Total money paid by respondent No. 2 is Rs. 6,25,000/-.

In this situation, subject to petitioner paying sum of Rs. 25,000/- to Police Welfare Fund and also deduction of amount of Rs. 25,000/- from amount refundable to respondent No. 2 and its payment to Police Welfare Fund, we permit relief in terms of prayer clause (a).

Petitioner to deposit with Police Welfare Fund amount of Rs. 25,000/- within two weeks from today. Respondent No. 2 is permitted to withdraw amount of Rs. 2,75,000/- out of Rs. 3 lac deposited by the petitioner with the Registry of this Court in terms of prayer clause (c). However, Registry shall make over balance Rs. 25,000/- to Police Welfare Fund.

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Accordingly, rule is made absolute in terms of prayer clause (a).

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

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