Vinod Thakur S/O. Late Sh. Mahesh Kumar v. The State Of Maharashtra And ANR

spb/ pr4wp4284-15f.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRI. WRIT PETITION NO. 4284 OF 2015 Vinod Thakur ... Petitioner.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Vishnu Sharma i/by Asmita Jaiswal, Advocate for the Petitioner.

Mr. K. V. Saste, APP for the State.

Mr. L. R. Shukla, Advocate for Respondent No. 2. --- CORAM : V. M. KANADE AND Ms.NUTAN D.SARDESSAI,JJ.

DATE : 21st DECEMBER, 2016 P.C. :

Not on Board. Mentioned. Taken up on production board.

This petition is filed by the petitioner for quashing the FIR which is registered against him with Samta Nagar Police Station, Mumbai vide FIR No. 68 of 2015 for the offences punishable under sections 420, 406 read with section 34 of the Indian Penal Code.

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spb/ pr4wp4284-15f.odt Respondent No.2-complainant is present in the court. She has filed consent affidavit, stating therein that she has received the amount of Rs.2,50,000/- from the Petitioner and, therefore, she has no grievance against the petitioner any longer and that she does not wish to prosecute the petitioner. We have interviewed Respondent No.2-complainant. She has stated that she has no objection if the compliant is quashed. The dispute was essentially of a civil nature and therefore, in view of the ratio of the judgment of the Apex Court in the case of Gian Singh vs. State of Punjab & Anr., reported in (2012) 10 Supreme Court Cases 303, we have no hesitation in quashing the criminal complaint filed by Respondent No.2 against the Petitioner.

The Petition is, therefore, allowed in terms of prayer clause 8(i) and the same is disposed of accordingly. (Ms.NUTAN D.SARDESSAI,J) (V.M.KANADE,J) ....

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