Ramesh Piraji Awasarmal v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 913 OF 2024 Ramesh Piraji Awasarmal

...Petitioner

Versus

State Of Maharashtra And Anr.

...Respondents

....

Mr. Advait Shukla, Advocate for the Petitioner. Mr. A.S. Shalgaonkar, APP for the Respondent - State. Ms. Priyanka Chavan, Advocate for Respondent No.2. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

19th MARCH, 2024.

P.C.

:

1.

Not on board. Taken on board.

2.

The Petitioner and Respondent No.2 are seeking quashment of First Information Report dated 12th February, 2023 by SUNNY ANKUSHRAO THOTE Date: 2024.03.26 14:36:38 +0530 SUNNY ANKUSHRAO THOTE registered with Kharghar Police Station vide C.R. No.69 of 2023 for offfence under Sections 420 and 406 of Indian Penal Code. 3.

The dispute relates to the payment towards booking of flat by the complainant with the Accused. During the pendency of application for anticipatory bail, the parties have resolved the dispute. Consent terms were filed before this Court.

4.

As per consent terms the Petitioner/Accused had agreed to return the amount of Rs.26,00,000/- to the complainant. In view of settlement, the amount of Rs.26,00,000/- has been already paid to the complainant and subsequently the amount of Rs.1,00,000/- has been given at the time of filing of affidavit of consent. This fact is not disputed by the complainant. The complainant is present in the Court. He has no objection for quashing the FIR. Affidavit filed by the complainant indicates that there is settlement and he has no objection for quashing the FIR.

5.

Considering the aforesaid circumstances, the impugned FIR can be quashed.

ORDER

i.

Criminal Writ Petition No.913 of 2024 is allowed; ii.

The First Information Report dated 12th February, 2023 registered with Kharghar Police Station vide C.R. No.69 of 2023 is quashed and set aside.

iii.

The Petitioner shall pay cost of Rs.20,000/- to the Advocates Association of Western India Generation Next within a period of three weeks from today. The Account details are as under:

Account Name : Advocates Association of Western India Generation Next A/c No.

: 000110110007807 Bank Name : Bank of India Branch Name : Mumbai Main IFSC Code : BKID0000001 iv.

Petitions stand disposed off accordingly.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)