Application for quashing criminal proceedings was allowed as parties had settled the matter amicably. The alleged offence under Section 323 IPC being compoundable, the court exercised its inherent powers to quash the proceedings.
Proceedings CC No.2500444/Misc/2016 pending before Metropolitan Magistrate quashed. Application allowed.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO. 483 OF 2016
Aliasagar Attawala Vs. Tabassum Asfaque Junani & Anr.
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s orders
----------------------------------------------------------------------------------------------------------------Ms. Vrishali Raje for Applicant. Mr. S. R. Gaud for Respondent No.1. Mr. Aajay Patil APP for State.
CORAM : A.S. GADKARI, J.
DATE : 11th September 2017.
P.C.:
1] Learned Counsel for the respective parties submitted that the parties herein have settled the matter amicably. They tendered on record the joint affidavit dated 14th August 2017 along with consent terms dated 7th July 2017 annexed thereto.
The said affidavit is taken on record and marked “X” for identifiability.
2] In view of the amicable settlement arrived at between the parties herein and as the alleged offence under Section 323 of the Indian Penal Code
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is compoundable, by consent of the complainant, in the interest of justice, application is allowed in terms of prayer clause (b).
3] Proceedings namely CC No.2500444/Misc/2016 pending on the file
of the learned Metropolitan Magistrate, 25th Court, Mazgaon, Sewree, Mumbai is hereby quashed.
All the concerned to act on an authenticated copy of this Order.
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2 issues framed by the court
Whether the criminal proceedings be quashed in view of amicable settlement between parties.
Whether application under Section 482 CrPC be allowed on consent of complainant.
1 provisions across 1 enactments
Aliasagar Attawala
Tabassum Asfaque Junani
State
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
