The High Court allowed a writ petition seeking quashing of an FIR under Sections 419, 420, 406, and 34 of IPC. The court granted leave to join an original accused and quashed the FIR based on a settlement and the complainant's consent.
Leave granted to join original accused; FIR MECR No. 3 of 2013 quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 984 OF 2013
Gurunath Sadashiv Phondakar and anr.
.. Petitioners
Vs.
The State of Maharashtra and anr.
.. Respondents
Mr. Rajendra Rathod for petitioners. Mrs. P. H. Kantharia, APP for State. Mr. Pritesh Bohade for respondent no.2.
CORAM: P. V. HARDAS & A. R. JOSHI, JJ.
APRIL 03, 2013.
P.C.
join original accused no.1 i.e. M/s. Vaidehi Akash Housing Pvt. Ltd. as a petitioner, of which the present petitioner is a Director. The learned
counsel for the parties have no objection and accordingly we accede to the
request of the learned counsel for the petitioner and grant leave as prayed for. Amendment to be carried out forthwith.
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the petitioners, who are accused in MECR No. 3 of 2013, registered by the D. N. Nagar Police Station, Mumbai for offences punishable under Sections 419, 420, 406 read with Section 34 of the Indian Penal Code pray for quashing of the same.
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Police Station, Mumbai for offences punishable under Sections 419, 420 and 406 read with Section 34 of IPC against the petitioners.
as to costs.
(A. R. JOSHI,J.) (P. V. HARDAS,J.)
3 issues framed by the court
Whether the FIR for cheating and dishonestly inducing delivery of property should be quashed based on a settlement.
Whether leave to join an original accused as a petitioner in the petition should be granted.
Whether the settlement between the petitioner and the original complainant justifies quashing the proceedings.
2 provisions across 2 enactments
Gurunath Sadashiv Phondakar and another
The State of Maharashtra and another
P. V. Hardas
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
