Arvind Krishnpal Singh v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1155 OF 2015 Arvind Krishnpal Singh ... Applicant Vs.

State of Maharashtra and another ... Respondents Mr. Ram Mani Upadhyay for Applicant.

Mrs. M. M. Deshmukh, APP for Respondent-State. Mr. Karim Khan Pathan for Respondent No.2.

CORAM: RANJIT MORE & R. G. KETKAR, JJ.

DATE : 23rd OCTOBER, 2015.

P.C.:

Heard Mr. Upadhyay, learned Counsel for applicant, Mrs. Deshmukh, learned APP for respondent No.1-State and Mr. Pathan, learned Counsel for respondent No.2.

2.

The application is filed under the provisions of Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting-aside the FIR bearing C.R.No.378 of 2015 registered with Oshiwara Police Station, at the instance of the respondent No.2, for the offences punishable under Section381 of the Indian Penal Code, 1860.

3.

Pending investigation, the parties have settled their dispute 1/3

amicably, and in pursuance of an understanding arrived at between them, have approached this Court for quashing and setting-aside the subject FIR by consent. Respondent No.2 has filed affidavit dated 23.10.2015. In paragraph 6, she has given no objection to quash the subject FIR. Respondent No.2, who is personally present in the Court, confirms the contents of the affidavit. On specific query, she states that she has gone through the affidavit and has understood the contents thereof.

4.

It can, thus, be seen that the dispute was totally personal in nature, which has now been settled amicably. In these circumstances and especially in view of law laid down by the Apex Court in the case of Narinder Singh and ors. versus State of Punjab and anr. 2014 AIR (SCW) 2065, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the subject criminal proceedings are required to be quashed and set-aside.

5.

Accordingly, the application is allowed in terms of prayer clause (d) subject to payment of costs of Rs.25,000/- by the applicant to the Tata Memorial Cancer Hospital, Mumbai for the use of its philanthropic purposes. The applicant shall pay the said cost and produce receipt thereof 2/3

on the file of this Court within a period of two weeks from today, failing which, the Criminal Application shall stand dismissed automatically without further reference to the Court.

[R. G. KETKAR, J.] [RANJIT MORE, J.] Minal Parab 3/3