16-APL 876 of 2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 876 OF 2023
Akash Dilip Bagaria … Applicant
Versus
The State of Maharashtra and another … Respondents
…......
Mr. Rajesh Kanojia i/b. Res Juris for Applicant
Ms. Rutuja Ambekar, APP for State.
API Shriniwas Chewale, Amboli Police Station.
…......
CORAM : PRAKASH D. NAIK &
N.R. BORKAR, JJ.
DATED : 29th FEBRUARY 2024
P.C. :-
1. This is an application moved by the Complainant for quashing the
First Information Report registered at his instance with Amboli Police
Station on 28th August, 2022 vide C.R. No.955 of 2022 for offences
under Sections. 120-B, 323, 420, 467, 380, 495, 500, 504, 506 r/w. 34 of
IPC. Respondent No.2 is wife. Respondent No.3 is brother-in-law.
Respondent No.4 is father-in-law of the Applicant.
2. The Respondents had preferred an application for anticipatory bail
before this Court viz. Anticipatory Bail Application No. 3319 of 2022 in
connection with C.R. No.955 of 2022. Vide Order dated 13th April, 2023,
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16-APL 876 of 2023.odt
the Application was allowed. It was pointed out before this Court that,
the parties have resolved the dispute and consent terms were filed on
13th April, 2023. The Order dated 13th April, 2023 incorporates the
Consent Terms executed by the parties, which refers to the table of cases
registered by the parties against each other, wherein there is consensus
between them. All the cases lodged against each other can be withdrawn
and quashed and set aside.
3. The impugned FIR is one of the case referred to in the consent
terms, which were considered by this Court while passing the Order
dated 13th April, 2024.
4. Learned Advocate for the Applicant submitted that, in view of the
consent terms executed between the parties and since the Applicant-
Complainant has no objection for quashing the FIR which is in
compliance with the consent terms, the First Information Report
registered vide CR No. 955 of 2022 with Amboli Police Station, Andheri
may be quashed and set aside.
5. Considering the fact that the parties have settled the dispute
amicably and the relationship between them, the impugned FIR can be
quashed and set aside.
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16-APL 876 of 2023.odt
ORDER
(i) Criminal Application No. 876 of 2023 is allowed.
(ii) The First Information Report dated 28th August, 2022 registered
with Amboli Police Station, Andheri vide CR No. 955/2022 at the
instance of the Applicant is quashed and set aside.
( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. )
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