Nikhil Anil Premchandani And ORS v. The State Of Maharashtra And ANR

15-APL-1376-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATTE JURISDICTION CRIMINAL APPLICATION NO. 1376 OF 2016

1. Mr. Nikhil Anil Premchandani

2. Mr. Anil Ram Premchandani

3. Mrs. Kajal Anil Premchandani

4. Ms. Jagriti Anil Premchandani ... Applicants vs.

The State of Maharashtra & another

...Respondents

......

Rimpal Trivedi for the Petitioner.

Mr. K. V. Saste, APP for Respondent No.1-State. Mr. Datta Mane for Respondent No.2.

......

CORAM : V. M. KANADE AND Ms. NUTAN D. SARDESSAI, JJ.

DATE :

NOVEMBER 29, 2016 P.C.:

1.

Heard the learned counsel for the applicants and the learned counsel for respondent no.2.

2.

This is an application for quashing of the criminal complaint filed by respondent no.2 under Sections 398A and 406 r/w 34 of the Indian Penal Code, registered at Tilak Nagar Police Station vide C.R. No. I-51/2014. The complainant is present in Court. She has stated that she has no objection if the complaint is quashed. The parties have already filed consent terms in the Family Court. In view of the above, the ratio laid down by the Supreme Court in the case of B. S. Joshi Vikrant Elgire 1/2

15-APL-1376-2016 vs. State of Haryana, reported in (2003) 4 SCC 675 will squarely apply to the facts of the present case, and therefore, the complaint is liable to be quashed by consent.

3.

The application is, therefore, allowed in terms of prayer clause (a) and disposed of accordingly.

(Ms. NUTAN D. SARDESSAI, J.) (V. M. KANADE, J.) Vikrant Elgire 2/2