The court allowed a writ petition seeking quashing of an FIR under Section 420 and 506 IPC after the parties amicably settled the dispute. Relying on Narinder Singh, the court held the complaint should be quashed and directed the petitioner's release.
Quashing of criminal complaint lodged via FIR No. 102/2015 and release of the petitioner.
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. 4446-16
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 4446 OF 2016
Niraj Kajaria … Petitioner Vs. The State of Maharashtra & Anr … Respondents
Mr. S. N. Raj i/b Raj & Associates, for the Petitioner. Mr. K. V. Saste, APP for Respondent No. 1 - State.
Mr. Nitin Patil a/w Amit Surve, for Respondent No. 2.
CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ. DATE : DECEMBER 21, 2016
PC.
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WP. 4446-16
filed a complaint against the complainant at Chetla Police Station, Kolkata. Petitioner's father is present in the Court. He gives an undertaking that the complaint filed against Respondent No. 2 vide FIR 128/2016, registered with Chetala police station, Kolkat will be withdrawn.
. Parties to act on an authenticated copy of this order.
Sd/Sd/[Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.]
Vinayak Halemath
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3 issues framed by the court
Whether the criminal complaint should be quashed considering the parties had amicably settled the civil nature dispute.
Whether the petitioner should be released forthwith after the quashing of the FIR.
Whether the ratio of Narinder Singh & Ors. applies to the facts of the present case.
Colour shows how this judgement treated each authority
Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., RespondentsApplied¶17
Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., Respondents [(2014) 6 SCC 466] · Who else cites this
2 provisions across 2 enactments
Niraj Kajaria
The State of Maharashtra
Unnamed Respondent No. 2
V. M. Kanade
Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
