The High Court quashed the FIR/complaint under various IPC sections due to a settled dispute and the complainant's consent. The locked room is to be handed over to the petitioner.
Criminal complaint quashed; land/room to be handed over to petitioner within one week.
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WP. 3610-14
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 3610 OF 2014
Nimesh Sureshchandra Sheth & Ors. ... Petitioners
Vs.
The State of Maharashtra & Ors. ... Respondents
Mr. Sham Walve, for the Petitioners. Mr. K. V. Saste, AGP for Respondent – State. Mr. Vicky D. Shah, for Respondent No. 2. Complaint present.
CORAM : V. M. KANADE, & P. D. KODE, JJ.
DATE : OCTOBER 1, 2014 PC.
. This petition is filed for quashing of the FIR / complaint, filed by Respondent No. 2, for the offences punishable under Section 143, 194, 341, 448, 452, 506 of I.P.C. bearing FIR No. 116/2014, registered with Kala Chowky Police Station. Respondent No. 2 is present in the Court. She states that she has no objection if complaint is quashed. She has received compensation of Rs. 1,10,000/-. She has also filed an affidavit in this Court, in which she has reiterated that she does not wish to pursue the complaint, since dispute between the parties is settled. Since dispute between the parties is of personal nature, in our view, ratio of the judgment of the Apex Court in the case of - Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr.,
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WP. 3610-14
Respondents [2014 AIR SCW 2065] squarely applies to the facts of the present case, and there is no impediment in quashing the criminal complaint. Writ petition is, therefore, allowed in terms of prayer clause (b) and is accordingly disposed of. The room which is locked / sealed in terms of prayer clause (d), may be handed over by the police to the Petitioner within one week from the date of receipt of copy of this order.
Vinayak Halemath
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1 issue framed by the court
Whether the criminal complaint should be quashed given the settlement and lack of objection from the complainant.
Colour shows how this judgement treated each authority
Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr.Applied¶13
_Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., Respondents [2014 AIR SCW 2065]_ · Who else cites this
1 provisions across 1 enactments
Nimesh Sureshchandra Sheth & Ors.
State of Maharashtra & Ors.
V. M. Kanade
P. D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
