This petition sought quashing of an FIR under CR No.45 of 2004 alleging that grievances were settled. The High Court allowed the petition and quashed the FIR, noting other complaints under M.P.I.D. Act would proceed separately.
The FIR under CR No.45 of 2004 is quashed and set aside.
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FARAD CONTINUATION SHEET NO.:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.894 OF 2004
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Ms.R.P. Mohite-Dere for Petitioners.
Ms.Kantharia, APP for State.
Mr.S.A. Ingawale for Res.No.2.
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CORAM : H.L.GOKHALE &
SMT.V.K.TAHILRAMANI, JJ.
DATED : 17th August 2004
P.C. :
1. Heard Ms.Dere for the
Petitioners. Ms.Kantharia, APP
appears for State and Mr.Ingawale
for Respondent No.2.
2. The grievance of Respondent
No.2 against the Petitioners has
been settled by them and,
therefore, a request is made that
an FIR based on that Complaint be
quashed and set aside.
Ms.Kantharia, learned APP, informs
that there are other Complaints
against the Petitioners which are
being prosecuted under the
M.P.I.D. Act. Those Complaints
may proceed on their own. As far
as the FIR under CR No.45 of 2004
is concerned, inasmuch as there is
an understanding arrived at
between the parties, the same need
not be retained any further.
3. Accordingly, we allow this
Petition in terms of prayer clause
(b) and the FIR under CR No.45 of
2004 will stand quashed. The
Petition is allowed in these
terms.
4. Authenticated copy of this
order be made available.
(H.L. GOKHALE, J.)
(V.K.TAHILRAMANI, J.)
1 issue framed by the court
Whether the FIR under CR No.45 of 2004 deserves to be quashed given the grievance has been settled between parties.
Petitioners
State
Respondent No.2
H.L.Gokhale
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court