Dilip Bacchubhai Gala vs The State Of Maharashtra And Anr
2018 Latest Caselaw 1085 Bom

                                                                                     14. cri wp 339-18.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 339 OF 2018


            Dilip Bacchubhai Gala                                           .. Petitioner

                                  Versus
            The State of Maharashtra & Anr.                                 .. Respondents

                                                   ...................
            Appearances
            Mr. S.G. Rajput   Advocate for the Petitioner
            Mr. Arfan Sait    APP for the State
            Mr. Aditya Jadhav Advocate for Respondent No. 2
                                                    ...................



                              CORAM        : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                               M.S. KARNIK, J.

DATE : JANUARY 29, 2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Rule. Rule is made returnable forthwith and the matter

is heard finally by consent of the parties.

2. The petitioner is seeking quashing of FIR bearing No.

364/2017 registered with Vile Parle Police Station. The said

case is under Sections 354A of IPC. The said case is now

pending before the learned Metropolitan Magistrate, 65th

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Court, Andheri, Mumbai.

3. Heard learned counsel for the petitioner - original

accused, learned counsel for respondent No. 2 - original

complainant and learned APP for the State.

4. The petitioner as well as the complainant i.e

respondent No. 2 are present before the Court. The

complainant has stated that the dispute has been amicably

settled between her and the petitioner and she does not wish

to pursue her complaint against the petitioner. She has also

tendered an affidavit to this effect. The affidavit is taken on

record and marked "X" for identification.

5. Looking to the fact that the matter has been amicably

settled between the parties and looking to the fact that the

complainant does not wish to pursue the case, we are of the

opinion that no purpose would be achieved by continuing

with the prosecution in the said case. In this view of the

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14. cri wp 339-18.doc

matter, FIR bearing No. 364/2017 registered with Vile Parle

Police Station and the proceedings relating thereto are

quashed qua the petitioner.

8. Rule is made absolute in the above terms.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]




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