Allowed

Abdul Ahad Khan and Ors. v. the State of Maharashtra and Anr.

Bombay HC4 Apr 2013WP/373/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay quashed the First Information Report and the consequent charge-sheet in a criminal case involving offences under sections 324, 452, 427 of the IPC. The quashing was ordered as a result of a settlement reached between the petitioners and the first informant after hearing at the stage of admission.

What did the court decide?

First Information Report and consequential charge-sheet quashed and set aside based on a settlement between the parties.

Abdul Ahad Khan and Ors. Vs the State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2013)

PPD

28.wp.373-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.373 OF 2013

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SHRI ABDUL AHAD KHAN & ORS ..PETITIONERS VERSUS

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THE STATE OF MAHARASHTRA & ANR.

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..RESPONDENTS

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Mrs. V.V. Thorat, Advocate for the Petitioners. Ms. Sartaj Shaikh, Advocate for Respondent No.2. Mrs. A.S. Pai, APP, for the Respondent – State.

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CORAM : P.V. HARDAS, & A.R. JOSHI, JJ. DATE : 04^th APRIL, 2013

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P.C.

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Rule. Rule returnable forthwith.

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With the consent of learned Counsel for the parties, this Petition is heard finally at the stage of admission.

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By this Petition under Article 226 of the Constitution of India the petitioner prays for quashing of the First Information Report lodged against the petitioner on the basis of which offence vide Crime No.375 of 2012 was registered for the offence punishable under Sections 324, 452, 427, 141, 143, 147, 148, 149 and 506(2) of the Indian Penal Code. It appears that pursuant to the completion of investigation, charge-sheet against the present petitioners has also been filed.

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28.wp.373-13.doc

During pendency of this Petition, a settlement has been arrived at between the petitioners and the first informant who is respondent No.2 in this Petition. An affidavit in this regard has been filed by respondent No.2 expressing his no objection for quashing of the First Information Report as well as the proceedings which are pending on the file of the Additional Chief Metropolitan Magistrate, 65^th Court at Andheri, Mumbai. Respondent No.2 is present in Court and is identified by his counsel.

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In the light of the settlement arrived at between the parties, we allow this Petition and quash and set aside the First Information Report as well as the consequential charge-sheet which has been filed by the respondent pursuant to the completion of investigation.

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Resultantly Rule is made absolute in the above terms with no order as to costs.

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(A. R. JOSHI, J.) (P.V. HARDAS, J.)

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Abdul Ahad Khan and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Abdul Ahad Khan and Ors. v. the State of Maharashtra 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

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