Sanjay S/O. Chandrakant Panchal v. The State Of Maharashtra And ANR

crwp-4044.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4044 OF 2016 Sanjay S/o. Chandrakant Panchal ... Petitioner Vs.

The State of Maharashtra and Anr.

... Respondents Mr. Anand Mishra i/by Mr. Ashok M. Saraogi for the Petitioner. Mr. K.V. Saste, APP for the Respondent No.1.

CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 19th JANUARY, 2017 P.C.

The petitioner is praying for quashing the FIR on the basis of settlement between him and the first informant. Perusal of the FIR shows that there is one more victim of the alleged offence apart from the first informant. It is not the case made out by the petitioner that there is a settlement even with the other victim. Only on the basis of the alleged settlement with one of the two victims of the offence, prayer for quashing the FIR cannot be considered by exercising power under Section 482 of the Code of Criminal Procedure, 1973. We, accordingly, decline to entertain the Petition and the same is disposed of. However, if the petitioner enters into settlement with both the victims of the offence, it will be open for the petitioner to file a fresh Petition on the ground of settlement. (ANUJA PRABHUDESSAI, J) (A.S. OKA, J)