The Court quashed the complaint for cheating under Section 420 IPC in light of the settled dispute and respondent's affidavit. It directed the parties to approach the trial court for compounding.
Writ petition disposed of by quashing the complaint; direction to approach Magistrate for compounding.
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.
WP. 2482-14
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 2482 OF 2014
Aparna Ankush Chawkekar ... Petitioner Vs. State of Maharashtra & Anr. ... Respondents ***
Mr. Kedar J. Patil, for the Petitioner. Mrs. M. H. Mhatre, APP for Respondent No. 1. Respondent No. 2 is in person. Mr. Bhaskar Kokare, API, Kurla Police Station.
CORAM : V. M. KANADE, & P. D. KODE, JJ.
DATE : SEPTEMBER 22, 2014
PC.
. This petition is filed by the Petitioner for quashing of the
complaint, by consent, registered for the offence punishable under Section 420 I.P. Code, vide C. R. No. 53 of 2014 with Kurla Police Station. Respondent No. 2 is present in the Court. He has filed an affidavit stating therein that parties have amicably settled the dispute and he has no objection if the complaint is quashed. We are of the view that since offence under Section 420 I.P.C. is compoundable, and
as such, Petitioner may approach the learned Magistrate. If an
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WP. 2482-14
application for compounding the offence is filed by the parties, the trial Court may decide the same, on merits and in accordance with law, expeditiously, preferably within a period of 8 weeks thereafter. With this direction, writ petition is disposed of.
[P. D. KODE, J.] [V. M. KANADE, J.]
Vinayak Halemath
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2 issues framed by the court
Whether the complaint for cheating filed under Section 420 IPC should be quashed on the ground of settlement.
Whether the Petitioner may approach the trial court for compounding the offence.
1 provisions across 1 enactments
Aparna Ankush Chawkekar
State of Maharashtra
Andr.
V. M. Kanade
P. D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
