Moreshwar Laxman Mhatre And ANR. v. The State Of Maharashtra And ANR.

rsk 1/2 17-WP-4810-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4810 of 2018 Shankar Bhojraj Bhoir and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO.4712 of 2018 Moreshwar Laxman Mhatre and Anr.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Mhaispurkar a/w Mr. S. M. Mangaonkar for the Petitioners in WP No.4712/2018.

Mr.Jaideep Thakkar for the Petitioners in WP No.4810/2018. Mr.Ajit M. Savagave for the Respondent No.2 in WP No.4810/2018. Mr. K. V. Saste, APP in WP No.4712/2018.

Mr. F. R. Shaikh, APP in WP No.4810/2018.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 17/01/2019.

P.C.:

.

Heard for some time. It appears that power of attorney registered on 2/11/1995 clearly mentions Narayan as deceased. That Power of attorney however is signed by other owners. 2.

The parties have jointly requested the Court to quash the FIR No.I-158/2018 registered under sections 420, 467, 468, 471 r/w 34 of IPC. It appears that there was civil dispute also and that dispute has been amicably settled.

rsk 2/2 17-WP-4810-18.doc 3.

The documents of title executed on the basis of Power of attorney are already reversed. The petitioners in WP No.4810/2018 fairly states that they are not claiming any refund of sale consideration paid by them to land owners.

4.

Taking overall view of the matter we are inclined to grant joint request. However, we direct the petitioners so also the respondentcomplainant to pay amount of Rs.25,000/- each to Police Welfare Fund of the State of Maharashtra within three weeks. Subject to said payment, we quash and set aside FIR No.I-158/2018 registered with Shil Diaghar Police Station, Thane.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)