Harishchandra Madhavrao Barhalikar v. The State Of Maharashtra Through Police Station Officer Umri Police Station District Nanded

2024:BHC-AUG:7736-DB 1 Cri. Appln. 1459 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1459 OF 2024 HARISHCHANDRA MADHAVRAO BARHALIKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER UMRI POLICE STATION DISTRICT NANDED ...

Advocate for applicant : Mr. Suhas R. Shirsat APP for the respondent - State : Mr. G.O. Wattamwar Advocate for respondent no. 2 : Mr. Ravi B. Gite ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 10 APRIL 2024 PC :

Learned advocate Mr. Gite submits that he has instructions to appear on behalf of respondent no. 2.

2.

Learned advocate for the applicant and that of respondent no. 2 unanimously submit that it is a matter of alleged misappropriation, the parties have amicably settled the dispute. The applicant has paid the money to repsondent no. 2 in order to put at rest the case. 3.

We have heard both the sides as also the learned APP. 4.

It is a matter of alleged misappropriation. The money receivable by respondent no. 2 was allegedly wrongfully retained by the petitioner who was her advocate. The two sides have now given a quietus to the dispute and he has paid her an amount of Rs.5,75,000/-.

2 Cri. Appln. 1459 / 2024 Respondent no. 2 is stated to be present personally with her husband. Both the sides have filed compromise terms duly affirmed before the Section Officer of this Court.

5.

Considering the nature of the allegations and the settlement arrived at, in our considered view, it would be just and proper to give a quietus to the dispute.

6.

The application is allowed.

7.

F.I.R. no. 32 of 2024 registered at Umri City Police Station, District - Nanded and Regular Criminal Case No. 61 of 2024 pending in the Court of the Judicial Magistrate First Class at Umri for the offences punishable under section 420, 406, 417, 418 and 506 of the Indian Penal Code are quashed and set aside.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/