Aman Balwant Patel And ORS. v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3841 OF 2024 Aman Balwant Patel And Ors.

...Petitioners

Versus

State Of Maharashtra And Anr.

...Respondents

---- Adv. Pushpa Ganediwala, Adv. Anshu Agrawal, Adv.Omkar Bajaj i/b. Hulyalkar & Associates, Advocate for the Petitioners. Mr. J. P. Yagnik, APP for the State.

---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE : 7th JANUARY, 2025 P.C. :- 1.

The Petitioners seek quashing of the F.I.R. No.0121/2024 dated 11th April, 2024, registered at the Lonavala Gramin Police Station, District Pune (Rural). The Petitioners before the Court are five out of the eleven Accused persons in the F.I.R.. 2.

The learned Advocate for the Petitioner submits that there are around 4 sale deeds at issue. These Petitioners have settled the dispute with the Complainant in Special Civil Suit No.132/2024

by tendering a compromise purshis (13 pages, dated 5th October, 2024). The learned Civil Judge, Senior Division, Vadgaon Maval, Pune, has passed an order below Exhibit-1 in Special Civil Suit No.132/2024, on 5th October, 2024, verifying the compromise terms between these Petitioners and the Complainant/Original Plaintiff. 3.

The learned Advocate for the Petitioner, on instructions, submits that the Petitioners have settled the dispute with the Complainant. The photocopy of the settlement terms is taken on record and marked as 'X-1' for identification. The order of the Trial Court delivered on 5th October, 2024 is also taken on record and marked as 'X-2' for identification.

4.

The learned APP submits that the Charge-sheet has been filed against Accused Nos.1, 2, 3, 5, 6, 10 and added Accused Nos. 12 and 14. As regards Accused Nos. 4, 7, 8, 9 and 11 and added Accused No.13 and 15, since they are absconding even today, the charge-sheet has been filed under Section 299 of the Cr.P.C. in RCC No. 508 of 2024.

5.

Issue notice to the respondents, returnable on 12th

February, 2025. The learned APP waives notice of service on behalf of Respondent No.1.

6.

All office objections to be removed on or before 22nd January, 2025, failing which, the Petition would stand dismissed without reference to this Court, on 23rd January, 2025. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)