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Bombay High CourtAPPLN/2176/2019application allowed

Arpan Kamalkishor Goyal And ANR v. The State Of Maharashtra And ANR

2019-08-07Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice K. K. Sonawane2 pages

Cri.Appln.No.2176/2019

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2176 OF 2019 1.

Arpan Kamalkishor Goyal, Age 36 years, Occu. Editor, R/o. Swami Dyanand Road, Balaji Galli, Sadar Bazar, Jalna.

2.

Kamalkishor Sohanlal Goyal, Age 66 years, Occu. Business, R/o. Swami Dyanand Road, Balaji Galli, Sadar Bazar, Jalna.

....Applicants.

Versus

1.

The State of Maharashtra, Through Police Inspector, Sadar Bazar Police Station, Jalna.

2.

Shaikh Shahabaz Hussain Iqbal Hussain, Age 36 years, Occu. Service, R/o. C/o. Bijo Shital Research Pvt. Ltd.

Mantha Road, Jalna.

....Respondents.

Mr. A.S. Barlota h/f. Mr. V.A. Bagdiya, Advocate for applicants. Mr. V.N. Patil (Jadav), APP for respondent No. 1. Mr. R.C. Misal h/f. Mr. S.S. Patil, Advocate for respondent No. 2. CORAM : T.V. NALAWADE AND K.K. SONAWANE, JJ.

DATED : 07/08/2019.

ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

The proceeding is filed for relief of quashing of C.R. No.

Cri.Appln.No.2176/2019 342/2019 registered with Sadar Bazar Police Station, Jalna for the offences punishable under sections 406, 420, 34 of Indian Penal Code. This Court has carefully gone through the allegations made in the F.I.R. It is the case of hand loan and for the repayment of the hand loan, cheque was given, but the cheque bounced and then F.I.R. came to be given. Today, learned counsels for applicants and first informant submitted that parties have settled the dispute. To that effect, reply affidavit of respondent No. 2, first informant is filed which is signed by both the sides. The parties are identified by the respective counsels. In view of the nature of dispute and aforesaid circumstances, this Court holds that relief needs to be given. In the result, the application is allowed. Relief is granted in terms of prayer clause 'B'.

Rule is made absolute in those terms.

[ K.K. SONAWANE, J.] [T.V. NALAWADE, J.] ssc/