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Bombay High CourtWP/355/2016allowed

Bipin Bihari S/O Balmikiji Verma v. State Of Maharashtra Thr. Police Station Wadi, Nagpur And Another

2016-08-03Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande2 pages

wp355-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 355 OF 2016 Bipin Bihari s/o Balmikiji Verma Vs. Staate of Mah. And another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.G. Shukla, advocate for petitioner.

Mr. M.J. Khan, APP for State.

CORAM : B.R. GAVAI AND V.M. DESHPANDE, JJ.

DATED : 3 rd AUGUST, 2016 The present petition has been filed praying for issuance of appropriate order, writ, direction for quashing Regular Criminal Case No. 2340/2014 arising out of Crime No. 3/2014 registered by police station Wadi. It appears that First Information Report in question came to be lodged at the instance of the respondent no. 2 for the offence punishable under Sections 420, 468 and 471 of the Indian Penal Code. The perusal of the First Information Report would reveal that it pertains to transaction of sale-purchase of a plot.

However, during the pendency of the proceedings the matter has been amicably settled between the petitioner and the respondent no. 2 who are personally present in the court and they have reiterated about the settlement. Pursis of compromise terms is also placed on record which is duly signed by the parties as well as their respective counsels. Perusal of the First Information Report would reveal

wp355-16.odt that the dispute is basically of a civil nature. We find that no criminal intent is involved in the matter.

In that view of the matter, we are inclined to entertain the undertakings given in the compromise terms and the same are accepted.

The criminal writ petition is allowed in terms of prayer clause (i) and disposed of.

JUDGE JUDGE Hirekhan CERTIFICATE copy of original signed Order.

Uploaded by : R.B. Hirekhan.

Uploaded on:05-08-2016.

P.A.