Atul Narinderkumar Singhla v. The State Of Maharashtra And ANR

928-WP-1461-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1461 OF 2019 Atul Narinderkumar Singhla ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. A.P. Bhandari, Advocate for petitioner Mrs. V.N. Patil-Jadhav, A.P.P. for respondent no.1 - State Ms. Pratibha Khanderao, Advocate h/f Mr. V.P. Patil, Advocate for respondent no.2 ....

CORAM : SMT. ANUJA PRABHUDESSAI AND R.M. JOSHI, JJ.

DATE : 03rd FEBRUARY, 2023 PER COURT :

1.

Heard finally at the admission stage with consent of the learned counsel for the respective parties.

2.

This is a petition under Section 482 of Code of Criminal Procedure to quash the F.I.R. bearing C.R. No. I-76 of 2018 registered at Chopda City Police Station, Dist. Jalgaon for the offences punishable under Sections 420, 406 and 120-B of the Indian Penal Code.

3.

The aforesaid crime was registered pursuant to the F.I.R. lodged by the Respondent No.2 alleging that on 10th April, 2018, 21st April, 2018 and 25th April, 2018 the applicant, who was an agent of Mangala Foods Pvt. Ltd., 1 / 2

928-WP-1461-19.odt had purchased the grains from M/s Shiv Shambho Traders of which the Respondent No.2 is the proprietor and failed to pay the money for the same to the Respondent No.2.

4.

Learned counsel for the applicant and Respondent No.2 states that the matter has been amicably settled and that the F.I.R. is already quashed against the co-accused - Munishkumar Mangala and Sanjivkumar Mangala, proprietors of Mangala Foods Pvt. Ltd. The applicant herein was only an agent. The aforementioned proprietors are the main accused. 5.

Learned counsel for the Respondent No.2, on instructions, states that since the dispute is settled between the Respondent No.2 and the main accused, Respondent No.2 has no objection to quash the F.I.R. against the present applicant.

6.

In light of the said statement, criminal writ petition is allowed in terms of prayer clause (B). Consequently, the F.I.R. bearing C.R. No. I-76 of 2018 registered at Chopda City Police Station, Dist. Jalgaon for the offences under Sections 420, 406 and 120-B of the Indian Penal Code stands quashed, qua the applicant.

( R.M. JOSHI, J. ) ( SMT. ANUJA PRABHUDESSAI, J. ) SSD 2 / 2