Jyotiben Harshadbhai Kamdar v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3655 OF 2019 Jyotiben H. Kamdar ... Petitioner V/s.

State of Maharashtra and anr.

... Respondents WITH WRIT PETITION NO. 3661 OF 2019 Hasmukh B. Patel ... Petitioner V/s.

State of Maharashtra and anr.

... Respondents WITH WRIT PETITION NO. 3657 OF 2019 Dilip J. Sanghdeep ... Petitioner V/s.

State of Maharashtra and anr.

... Respondents WITH WRIT PETITION NO. 3656 OF 2019 Purvi G. Mehta ... Petitioner V/s.

State of Maharashtra and anr.

... Respondents ---------------- Mr. Kapil Shah a/w. Mr. Jay Varia i/b M.K. Juris Associates for the Petitioner(s).

Smt. S.D. Shinde, APP for the Respondent - State. Mr. Shailesh I. Kantharia for Respondent No.2. ----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 15, 2020.

P.C.

1] Criminal Writ Petition Nos.3656, 3657 and 3661 of 2019 1/3

are not on board. Taken on board along with Criminal Writ Petition No. 3655 of 2019.

2] With consent of parties, all the petitions are taken up for final disposal together.

3] All these four petitions seek to quash FIR in MECR. No. 3 of 2002 under sections 379, 34 and 506 (2) of Indian Penal Code filed by respondent No.2-complainant. Respective petitioners are parties/accused in it.

4] Dispute has arisen on account of shares after death of one of the partners.

5] Dispute was pending in Suit No. 309 of 2005 which was later on registered as Commercial Suit No. 28 of 2005. Those consent terms have been recorded and the commercial suit has been accordingly decreed on 11th December 2018 by this Court.

2/3

6] Respondent No.2-complainant is present before this Court. He gives no objection, if the FIR is quashed and set aside.

7] In view of these developments, by accepting joint request we make Rule absolute in terms of prayer clause (b) in each of the petition.

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) 3/3