The High Court allowed a criminal writ petition seeking quashing of an FIR. The petitioners and the private complainant reached an amicable settlement, with the complainant withdrawing allegations and expressing no objection to quashing proceedings.
FIR bearing C.R.No.66/2021 and proceedings thereunder are quashed.
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.
9.WP.4078.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Digitally signed by AARTI AARTI G PALKAR G Date: PALKAR 2022.02.25 17:12:35 +0530
CRIMINAL WRIT PETITION NO.4078 OF 2021
Mr. Nitin Anant Kadam & Ors. ....Petitioners
Versus
The State of Maharashtra & Anr. ….Respondents
Mr. Pranav Badekha i/b. Prashant B. Pawar for the Petitioners. Ms Prajakta B. Shinde for Respondent No.2. Mr. J.P. Yagnik, APP for Respondent-State.
CORAM : PRASANNA B. VARALE & SURENDRA P. TAVADE, JJ.
DATE : 14th FEBRUARY, 2022.
P.C. :
Respondent No.2 is lodged the impugned FIR against the
Aarti Palkar
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9.WP.4078.2021.doc
petitioners, wherein it reveals that on 27.06.2021 Respondent No.2 went to the residence of Petitioner No.1 at Lonavala for discussion and selling of his property. In pursuance of discussion, the deal was fnalized for Rs.2,31,00,000/- (Rupees Two Crores Thirty One Lakhs Only). It further reveals from the FIR that, Petitioner No.1 made part payment on 29.06.2021 by way of RTGS in the name of Respondent No.2 and his wife. Thereafter, on instructions of Respondent No.2, security personnel were deputed on the said property i.e. Misty Royal situated at Plot No.4, New Tungarli Lonavala, Pune by Petitioner No.1.
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9.WP.4078.2021.doc
( SURENDRA P. TAVADE, J.)
(PRASANNA B. VARALE, J.)
Aarti Palkar
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1 issue framed by the court
Whether to quash FIR under sections 143, 448, 504, 506 IPC registered against petitioners based on settlement and withdrawal of allegations.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Relied on¶25
Gian Singh Vs. State of Punjab & Anr., reported in 2012(10) SCC 303 · Who else cites this
1 provisions across 1 enactments
Mr. Nitin Anant Kadam & Ors.
The State of Maharashtra
Aarti Palkar
Prasanna B. Varale
Surendra P. Tavade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
