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Bombay High CourtAPL/826/2021rejected

Honey Rajendrakumar Sharma And Another v. The State Of Maharashtra, Thr. Police Station Officer, Police Station Ambazari, Nagpur

2021-08-23Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

apl826.21 11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.826/2021 Honey Rajendrakumar Sharma and anr ..vs..

The State of Mah., thr. PSO PS Ambazari, Nagpur ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri A.D.Bhate, Counsel for Applicant No.1.

Shri N.B.Jawade, Counsel for Applicant No.2.

Shri S.S.Doifode, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE & AMIT B.BORKAR , JJ.

DATED : AUGUST 23 , 2021 .

1.

Heard.

2.

Complainant and accused person have filed this application for quashment of First Information Report on ground that parties have settled their dispute amicably by executing a memorandum of understanding.

3.

Learned counsel Shri A.D.Bhate for applicant No.1 and learned counsel Shri N.B.Jawade for applicant No.2, submit that both complainant and accused person are present in the Court.

4.

When preliminary questions were put to person against whom First Information Report is lodged, he was unable to give any satisfactory answer to questions. Moreover, memorandum of understanding, on which they are keeping reliance, is not even a notarized document. .....2/-

apl826.21 11 Therefore, it will be very difficult to accept photocopy and signature which are not original on that document. Hence, we are not accepting so called compromise.

5.

In this view of the matter, the criminal application is rejected and disposed of accordingly. JUDGE JUDGE !! BRW !!

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