Ashok Rameshwar Agrawal And ORS v. The State Of Maharashtra And ORS

WP. 4486-13 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 4486 OF 2013 WITH WRIT PETITION No. 146 OF 2014 WITH WRIT PETITION No. 147 OF 2014 WITH WRIT PETITION No. 151 OF 2014 WITH WRIT PETITION No. 152 OF 2014 WITH WRIT PETITION No. 4487 OF 2013 Ashok Rameshwar Agrawal & Ors. ...

Petitioners Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Lokesh D. Zade, for the Petitioners.

Mrs. S. V. Sonawane, APP for the Respondent - State. *** CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

DATE : NOVEMBER 25, 2016 PC.

.

All the petitions are filed by the Petitioners for quashing of the complaints by consent of the parties, for the offences punishable 1 / 2

WP. 4486-13 under Section 120-B, 420, 465, 467, 468, 471 read with 34 of the I. P. Code, vide MECR Nos. 10/2013, 6/2013, 4/2013, 5/2013, 1/2013, 7/2013, respectively. It is submitted that there is family dispute and several complaints have been filed. The complainant (Respondent No.

2) is present in the Court. We have interviewed him. He has stated that he has no objection if the complaints filed by him against the Petitioners are quashed, since it is personal dispute between the family members. In view of the judgment of the Apex Court in the case of - Gian Singh, Appellant Vs. State of Punjab & Anr., Respondents [(2012) 10 SCC 303], we have no hesitation in quashing the complaints between the parties. Writ Petition No. 4486/2013 is allowed in term of prayer clauses (i) & (ii) and is accordingly disposed of. Remaining writ petitions viz. Writ Petition Nos. 146/2014, 147/2014, 151/2014, 152/2014, 4487/2013 are accordingly allowed in terms of prayer clause (i), and are accordingly disposed of. Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2