The petition for quashing an FIR under sections 454, 457, and 380 IPC was allowed. The High Court applied the ratio of Narinder Singh case, noting an amicable settlement where the complainant received compensation and stated no objection to quashing.
Quashing of the impugned FIR and disposal of the petition.
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914-wp-2515-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2515 OF 2014
Yusuf Izaz Sayyed and Others...Petitioners
vs.
The State of Maharashtra
and Others...Respondents
Mr. Vinay Bhanushali, for the Petitioners.
Mrs. M.H. Mhatre, APP for the State.
Mr. Karan Mehta, for the Respondent No.2.
CORAM : V.M. KANADE &
P.D. KODE JJ.
DATE : SEPTEMBER 18, 2014
P.C.:
.This petition is filed by the petitioner
who was original accused for quashing an F.I.R.
which has been registered at Oshiwara police
station vide C.R.No. 409 of 2007 for the offence
punishable under sections 454, 457 and section 380
of Indian Penal Code which culminated in filing of
the charge-sheet. It is submitted that now the
parties have amicably arrived at a settlement. The
Vishal Parekar
914-wp-2515-2014
complainant has no objection if the complaint is
quashed. Therefore, the ratio of the judgment of
the Apex Court in the case of “ Narinder Singh & Others vs. State of Punjab and Another (2014 AIR
SCW 2065)” would squarely apply to the facts of the present case. There is no impediment in quashing the complaint. The complainant is present in the Court and she has stated that she has no objection if the complaint is quashed. In the affidavit, she
has stated that she has received cash of
Rs.15,05,000/- and gold ornaments to the tune of
Rs. 3,43,954/-.
2. Petition is therefore, allowed in terms of
prayer clause (b),(c) and (d) and disposed of.
2/2
Vishal Parekar
1 issue framed by the court
Whether the impugned FIR under Sections 454, 457, and 380 IPC should be quashed in view of an amicable settlement.
Colour shows how this judgement treated each authority
Narinder Singh & Others vs. State of Punjab and AnotherApplied¶16
Narinder Singh & Others vs. State of Punjab and Another (2014 AIR SCW 2065) · Who else cites this
Yusuf Izaz Sayyed and Others
The State of Maharashtra
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court