High Court observed that with the settlement reached between parties and the death of the original complainant, no useful purpose would be served by continuing prosecution. Court allowed the writ petition to quash criminal cheating proceedings relying on B.S. Joshi.
Criminal proceedings in criminal case no.758/P/2003 are quashed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1383 OF 2007
Rajesh Chandrasen Waghmare & ors ... Petitioners versus The State of Maharashtra & ors. ... Respondents
Mr.A.P. Mundargi with Shri Prakash Wagh for petitioner Mr.Kuldeep S. Patil for respondent no.1. Mr.Y.S.Shinde APP for the State.
CORAM : D.G. KARNIK, J.
DATED : 24th November 2009
P.C.
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Magistrate that the present petitiner deceived him in the sum of Rs. 7,50,000/- in the manner narrated in the complaint. The learned Magistrate issued the process and has framed a charge against the petitioner. The present petition has been filed for challenging the criminal complaint and the proceedings arising therefrom. During the pendency of the complaint, a settlement was reached between the petitioner and respondent no.2. Unfortunately, respondent no.2 died before the settlement could materialise. His wife was added as respondent no.2A in the writ petition. Counsel for respondent no.2A states before me that the matter has been settled out of court. Petitioners have paid to the respondent no.2A a sum of Rs.3,25,000/- as a mutually settled amount by a demand draft dated 13th November 2009 drawn on State Bank of India.
(D.G. KARNIK,J.)
1 issue framed by the court
Whether criminal proceedings should be quashed in view of the settlement reached between parties and the death of the original complainant.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaReferred¶4
B.S. Joshi Vs. State of Haryana AIR 2003 SC 1386 · Who else cites this
Rajesh Chandrasen Waghmare & ors.
The State of Maharashtra & ors.
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
