Allowed

Ilyas Suleman Patel and Ors. v. Jaihind Welfare Soceity and Anr.

Bombay HC17 Apr 2013APL/324/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a criminal application seeking quashing of an FIR registered for cheating and criminal breach of trust. The court observed that the underlying civil dispute had been amicably settled and authorized the respondent to oppose quashing, warranting final disposal of the application.

What did the court decide?

FIR and subsequent proceedings are quashed and set aside.

Ilyas Suleman Patel and Ors. Vs Jaihind Welfare Soceity and… — Quashing and FIR | Bombay HC (2013)

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APL324_2013

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Vidya amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 324 OF 2013

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IN CASE NO. 315/SW/2012

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Ilyas Suleman Patel & Ors. … Applicants

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vs.

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Jaihind Welfare Society & Anr. ... Respondents

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Mr. Jehangir Khajatia for the applicants. Mr. Durgesh Jaiswal i/b. Mr. Vinit V. Jain for respondent no. 1. Mr. J.P. Yadnik, APP for the State.

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CORAM : P.V. HARDAS & MRS. MRIDULA BHATKAR, JJ. DATE : 17^th April, 2013.

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P.C.

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By this application, the applicants seek quashing of the First Information Report registered against them on the basis of the report filed by the respondent. It appears that pursuant to the order passed by the Trial Magistrate under section 156(3) of the Code of Criminal Procedure, an offence punishable under section 406, 409, 415, 420, 465, 468, 471 read with 120-B of Indian Penal Code has been registered against the applicants. It further appears that the dispute between the applicants and respondent no. 1 has now been amicably settled. In that light of the matter, therefore, we admit this application and decide it finally at this stage.

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The dispute between the parties has been amicably settled and

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APL324_2013

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this is evident upon perusal of the affidavit of respondent no. 1 at Exhibit B to the petition. The affidavit is dated 21^st February, 2013 and the signature of the respondent has been identified by the learned counsel representing the respondent. The learned counsel for the respondent no. 1 has also tendered before us a copy of the resolution passed by the Managing Committee authorizing the respondent no. 1 to express no objection for quashing of the FIR.

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We, accordingly, allow this application and quash and set aside the FIR and the subsequent proceeding which has been filed as Criminal Case No. 315/SW/2012 pending on the file of Metropolitan Magistrate, 10^th Court at Andheri, Mumbai. In the circumstances, there shall be no order as to costs.

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(MRS. MRIDULA BHATKAR, J.)

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(P.V. HARDAS, J.)

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Ilyas Suleman Patel and Ors. v. Jaihind Welfare Soceity and Anr.

Case brief

What is this about?

What did the court decide?

Ilyas Suleman Patel and Ors. v. Jaihind Welfare Soceity and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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