Dinesh Dharamdas Lalwani And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3593 OF 2023

1. Dinesh Dharamdas Lalwani

2. Simran Dinesh Lalwani ...

Petitioners

Versus

1. The State of Maharashtra

2. The Police Inspector

3. Rajni Keshav Panjwani ...

Respondents .........

Mr. Rajendra Anbhule for the Petitioner.

Mrs. M. M. Deshmukh, APP for the State.

Mr. Nikhil Chavan for Respondent No. 3.

.........

CORAM : PRAKASH D. NAIK & N.R. BORKAR, JJ.

DATED : 05.12.2023 P.C. :- The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India and inherent powers under Section 482 of the Code of Criminal Procedure for quashing the proceedings in RCC No. 595 of 2023 pending before the Court of learned JMFC, Pimpri, which are arising out of Crime No. 123 of 2023 registered at Pimpri Police Station for offence under Sections 420, 406, 467, 468, 471 r/w 34 of the Indian Penal Code.

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2.

The First Information Report was registered at the instance of respondent No. 3 on 27.01.2023 alleging that the accused had obtained the signatures of the complainant's mother and by preparing fabricated documents cheated the complainant and others. On completion of investigation, charge-sheet was filed.

3.

It is submitted by the learned Advocates appearing for both the sides that the parties have resolved the dispute amicably. On account of settlement executed between them, the complainant has agreed to quash the impugned proceedings.

4.

The complainant is present before the Court. She has filed afodavit dated 19.10.2023 expressing her consent for quashing the proceedings. In paragraph No. 4 of the afodavit, it is stated that the FIR was registered by her due to non payment of consideration amount of sale of shop. She has received the said consideration amount of Rs. 25,00,000/- from the petitioners and she has no grievance of whatsoever nature against them, she do not want to proceed against them for the alleged offence or allegations therein. She has no objection, if the FIR registered at Pimpri Police Station vide Crime No. 123 2 / 3

of 2023, which culminated into RCC No. 595 of 2023 pending before the JMFC, Pimpri is quashed and set aside. 5.

In view of settlement and consensus between parties for quashing the FIR, the relief sought in this petition can be granted.

ORDER

(i) Writ Petition No. 3592 of 2023 is allowed.

(ii) The proceedings in RCC No. 595 of 2023 pending before the Court of learned JMFC, Pimpri, which are arising out of Crime No. 123 of 2023 registered at Pimpri Police Station for offence under Sections 420, 406, 467, 468, 471 r/w 34 of the Indian Penal Code are quashed and set aside.

( N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3 / 3