This single-bench order allows a petition for quashing criminal proceedings. The court noted parties settled the dispute and directed the petitioners to pay Rs. 20,000 to the Police Welfare Fund.
Rule made absolute and criminal case quashed, conditional upon payment of Rs. 20,000 to Police Welfare Fund.
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.
19-cri-wp-382-20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 382 OF 2020
Ashley D. Sequeira and ors. … Petitioners V/s.
The State of Maharashtra and anr. … Respondents
Ms Juanita Menezes for the Petitioners.
Mr. Deepak Thakare, PP a/w. Mr. S.R. Shinde, APP for the Respondent – State.
Mr. Sagar Tambe for Respondent No.2.
CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N.R. BORKAR, J.
DATE : MARCH 4, 2020.
P.C.
1] The petitioners are present with their advocate. Respondent No.2 is present with his advocate. Parties are jointly requesting for quashing of criminal case. Ofences are under section 323, 324,143,147,149,427,504 and 506 of IPC.
taken on record.
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Dinesh Sherla
19-cri-wp-382-20.doc
4] Learned APP submits that the petitioners did not cooperate with the investigating ofcer.
5] As parties have settled the matter and there is no public angle to it, we are inclined to intervene. However, we direct the petitioners to pay an amount of Rs.20,000/- as costs to the Police Welfare Fund of State of Maharashtra within two weeks from today.
6] Subject to such payment of costs, we make Rule absolute in terms of prayer clause “a)” and dispose of the petition.
(N.R. BORKAR, J.) (ACTING CHIEF JUSTICE)
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Dinesh Sherla
1 issue framed by the court
Whether the criminal case under various IPC sections should be quashed given that parties have settled the matter and it lacks public angle.
1 provisions across 1 enactments
Ashley D. Sequeira
The State of Maharashtra
Dinesh Sherla
B.P. DHARMADHIKARI
N.R. BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
