Balindra Ramasray Chaudhary And ANR v. Riyasat Safayat Ansari And ANR

APL. 1412-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLIATION No. 1412 OF 2016 Balindra Ramasray Chaudhary & Anr.

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Applicants Vs.

Riyasat S. Ansari & Anr.

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Respondents *** Mr. S. S. Redekar, for the Applicants.

Mr. Yogesh Rawool, for Respondent No. 1.

Mrs. M. H. Mhatre, APP for the Respondent No. 2-State. *** CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 5, 2016 PC.

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This is an application filed by the Applicants for quashing the complaint, filed by the complainant for the offences punishable under Sections 420, 406 read with 34 of the IPC, which is registered vide FIR No. 295/2016 with Mulund Police Station. Respondent No. 1 has filed his reply stating therein that the parties have amicably settled the dispute and they executed the deed of settlement dated 17.11.2016 since has received Rs. 20 lakhs in cash 1 / 2

APL. 1412-16 and Rs. 5 lakhs by post dated cheques of Rs. 1 lakh each. He has stated that he has no grievance against the Applicants. We have interviewed both the Applicants and the Complainant, who are present in the Court. We have asked whether he has any objection for quashing of the complaint. He has stated that he has no objection if the complaint is quashed. In our view, the ratio of the judgment of the Apex Court in the case of - Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., Respondents [(2014) 6 SCC 466] will squarely apply to the facts of the present case, since the dispute is of personal nature, and there is no impediment in quashing the complaint. We, therefore, allow the criminal application in terms of prayer clause (a), and it is accordingly disposed of.

Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2