The High Court of Bombay quashed an FIR registered at the instance of respondent no.3 after the parties amicably settled their dispute. Costs of Rs.5000/- were directed to be paid to a charitable trust.
FIR bearing CR No.1128 of 2018 quashed subject to payment of costs of Rs.5000/- to Yashodhan Charitable Trust within four weeks.
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.
910 1680.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1680 of 2019
Shri Nikhil Kishor Lad versus The State of Maharashtra and ors.
…..Petitioner
…..Respondent
Mr. U. A. Lokegaonkar, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State. Mr. R. R. Tripathi, advocate for respondent No.3.
CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ. DATE : 25th APRIL, 2019.
P. C. :
Shubhada S Kadam 1/3
910 1680.19.doc
and 22nd April, 2019 respectively, wherein they have given their no objection for quashing the subject FIR. Respondent No.3 is personally present before the Court. On being questioned, he specifically stated that he has gone through the petition and the affidavit as well and has fully understood the contents thereof. He further confirmed that he has given no objection for quashing the subject FIR on his own free will and without there being any pressure or coercion.
Shubhada S Kadam 2/3
910 1680.19.doc
petitioner to the “Yashodhan Charitable Trust” ( having Registration No.1895/Satara, Maharashtra, Account No.60245873355 IFSC Code MAHB000305) an institution that takes care of mentally retarded and elderly people in the downtrodden society. The petitioner shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which, the writ petition shall stand dismissed automatically without further reference to the Court and the order quashing the FIR shall be treated as non-est.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
Shubhada S Kadam 3/3
2 issues framed by the court
Whether the FIR punishable under IPC sections 141, 143, 147, 149, 324, 504 and 506 should be quashed upon payment of costs given the amicable settlement between parties.
Whether personal disputes evidenced by settlement should warrant continued burden on criminal courts under Narinder Singh principles.
Colour shows how this judgement treated each authority
Narinder Singh vs. State of Punjab [2014 AIR SCW 2065]Applied¶16
Nikhil Kishor Lad
The State of Maharashtra
RANJIT MORE
BHARATI H. DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
