Allowed

Kishor Narkhede and Ors. v. the State of Maharashtra and Anr.

Bombay HC17 Nov 2022WP/263/2020

Case brief

AI extract

What is this about?

This petition challenged an order of issuance of process in a criminal complaint regarding offences under Sections 418, 420, and 448 Cr.P.C. The petitioner secured an amicable resolution with the respondent. The Court quashed the issuance of process and dismissed the pending proceedings due to the private nature of the offence and the settlement.

What did the court decide?

The impugned order of issuance of process dated 23rd October 2019 in R.C.C. No. 1966 of 2018 is quashed and set aside. The proceedings in R.C.C. No. 1966 of 2018 are dismissed. No costs.

Kishor Narkhede and Ors. Vs the State of… — Civil Procedure and Limitation | Bombay HC (2022)

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33-crwp263-2020.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.263 OF 2020

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Kishor Narkhede & Ors.

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…Petitioners

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V/s.

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The State of Maharashtra & Anr.…Respondents

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2022.11.17 18:39:44 +0530

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Mr. Niranjan Mundargi with Ms. Trisha Bhattacharya
and Mr. Prasanna Bhangale for the petitioner.

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Mr. A.R. Patil, APP for respondent no.1/State.

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Mr. Jayprakash Ganapati Baikerikar, authorized
signatory of respondent no.2 is present in person.

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CORAM :AMIT BORKAR, J.

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DATED:NOVEMBER 17, 2022

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P.C.:

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1.The challenge in this petition is to the order of issuance of
process dated 23rd October 2019 passed by the learned Chief
Judicial Magistrate, Thane in R.C.C. No. 1966 of 2018. The offence
registered against the petitioner is under sections 418, 420, 448
Cr.P.C.

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2.During the pendency of the present petition, the petitioner
and respondent no.2 have amicably resolved their disputes.
Respondent no.2 is personally present in Court. He has submitted
copy of his Aadhar card. The same is verified and it is ascertained
that the respondent no.2 is the same person.

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3.Both parties have filed consent terms signed by the petitioner

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33-crwp263-2020.doc

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and respondent no.1. The consent terms are taken on record and
marked ‘X’ for identification.

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4.On perusal of the averments in the complaint, it appears that
the offences are private in nature. In that view of the matter, in
view of amicable resolution of disputes between the parties, the
impugned order of issuance of process dated 23rd October 2019
passed by the learned Chief Judicial Magistrate, Thane in R.C.C.
No. 1966 of 2018 is quashed and set aside.

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5. The proceedings bearing R.C.C. No.1966 of 2018 pending before the learned Chief Judicial Magistrate, Thane are dismissed.

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6. The writ petition is disposed of in above terms. No costs.

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(AMIT BORKAR, J.)

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Kishor Narkhede and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Kishor Narkhede and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

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What the court decided

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