Alpesh Kishorechandra Ajmera vs. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 1905 OF 2013

Alpesh K. Ajmera & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. ..Respondents

Mr. A.H.H. Ponda i/b M/s. A.V. Jain & Associates for the petitioners Mr. Induprakash Tripathi a/w Bhagayashri Gawas for respondent nos. 2 and 3. Mrs. M.M. Deshmukh, APP for the respondent State Mr. Ashok Khedkar, I.O. Present

CORAM : V. M. KANADE & SMT. ANUJA PRABHUDESSAI, JJ. DATED : 13th NOVEMBER, 2014.

P.C.

1. Heard learned Counsel for the petitioners, learned Counsel for respondent nos.2 & 3 and learned APP for the State.

2. By this petition, which is filed under Article 226 of the Constitution of India, the petitioners are seeking appropriate writ, order and direction for quashing proceedings which are initiated by filing F.I.R. for offence punishable under Section 120(b), 343, 386, 387, 506(ii), 420, 454, 457, 380 of the IPC, which is resulted in filing of a chargesheet vide C.C. No.35/PW/09, pending before the Chief

Metropolitan Magistrate, 37th Court, Andheri, Mumbai.

3. The respondent no.2 has filed an affidavitinreply stating therein that he has no objection if the criminal complaint is quashed. The respondent no.2 is present in the Court. She has stated that she has no objection if the complaint is quashed. In view of the affidavitinreply filed by respondent no.2, we are satisfied that the complaint is liable to be quashed. It is also submitted that the dispute between the parties is of personal nature and, therefore, there is no impediment in quashing of the criminal complaint. Taking into consideration the facts and circumstances of the case, we are of the view that the ratio in the case of Narinder Singh & Ors. V/s.State of Punjab Anr., 2014, AIR SCW 2065 and Gian Singh Vs. State of Punjab (2012) 10 SCC 303 is squarely applicable to the facts of the present case.

4. The Writ Petition is accordingly allowed in terms of prayer clause (C) and is disposed of.

( ANUJA PRABHUDESSAI, J.) ( V.M. KANADE, J.)