Moses Francis Chinappa v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1010 OF 2016 Moses Francis Chinappa ...Applicant Vs.

State of Maharashtra & Anr.

...Respondents

Mr.Ram Pandey for the Applicant Ms. Ashvini Takalkar APP for the State Mr. S.J. Lavte for Respondent No.2 CORAM : NARESH H. PATIL & M.S. KARNIK, JJ.

DATED :23RD DECEMBER, 2016 P.C. :

Rule, returnable forthwith. Heard finally by consent of parties.

2.

The Applicant and the Respondent apply for quashing the F.I.R. C.R. No.I-137 of 2016 lodged by Mira Road Police Station for offences punishable under Sections 323, 504, 506 and 427 of I.P.C. and Section 3(1)(10) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 by present criminal application.

3.

It is submitted that the final report in C.R. No.I-137 of 2016 lodged by Mira Road Police Station for offences punishable under Sections 323, 504, 506 and 427 of I.P.C. and Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not filed by the Police. Learned A.P.P also submits that so far the police have not filed the report. 4.

The complainant is present before the Court. Counsel appearing for the Applicant submits that the accused is present in Court.

5.

Parties have resolved their misunderstandings and want to maintain good relations. In view of this the applicant has filed the criminal application for quashing the subject FIR and the affidavit of the complainant is placed on record, stating therein that he does not want to prosecute the complaint.

6.

We perused the record placed before us, considered the submissions advanced. We find it appropriate to allow the parties

to settle their misunderstandings so that they can carry with good relations in future. Hence order:

O R D E R

1.

The Application is allowed.

2.

The C.R. No.I-137 of 2016 lodged by Mira Road Police Station for offences punishable under Sections 323, 504, 506 and 427 of I.P.C. and Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed and set aside.

3.

Rule is made absolute in the above terms.

(M.S. KARNIK, J.) (NARESH H. PATIL, J.)