This High Court quashed criminal proceedings initiated under the Indian Penal Code, allowing quashment due to a settlement between parties where the offence did not affect public peace.
Criminal proceedings under FIR Crime No. 0052/2016 registered at Jinsi Police Station, Aurangabad have been quashed.
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.
criappln1584.16.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1584 OF 2016
VERSUS
Mr. N.S. Ghanekar, advocate for applicants. Mr. S.P. Deshmukh, APP for the State. Mr. J.V. Deshpande, advocate for respondent no. 2.
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CORAM : R.M. BORDE & K. L. WADANE, JJ. DATE : 15th APRIL, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
criappln1584.16.doc
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No. 0052/2016 registered at Jinsi police station, Aurangabad, for commission of offences punishable under sections 323, 406, 420, 504, 506 r/w section 34 of the Indian Penal Code. Complainant alleges that accused took total sum of Rs. 3,27,765/- by extending false promise and did not adhere to the assurances given.
criappln1584.16.doc
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accused as a result of lodging of FIR being Crime No. 0052/2016 registered at Jinsi Police Station, Aurangabad stands quashed. Rule is accordingly made absolute.
( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE
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2 issues framed by the court
Whether criminal proceedings can be quashed in view of settlement reached between parties.
Whether the nature of offences alleged affects public peace and tranquility.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabFollowed¶20
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and others Vs. State of Punjab and anotherFollowed¶20
(2014) 6 Supreme Court Cases 466
Jagannath s/o Khanderao Jadhav
Vikrant s/o Jagannath Jadhav
The State of Maharashtra
Sahebrao Namdeorao Mankape
R.M. Borse
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
