Tushar Madhukar Mahapara vs The State Of Maharashtra And Anr
2018 Latest Caselaw 1086 Bom

                                                                                    15. cri wp 342-18.doc


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

                              CRIMINAL WRIT PETITION NO. 342 OF 2018


            Tushar Madhukar Mahapara                                       .. Petitioner

                                  Versus
            The State of Maharashtra & Anr.                                .. Respondents

                                                   ...................
            Appearances
            Ms. Tripti R. Shetty                         Advocate for the Petitioner
            Mr. Arfan Sait                               APP for the State
            Mr. Anil Topiwala                            Respondent No. 2 in Person present
                                                    ...................



                              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.

160/2000 registered with Andheri Police Station. The said

case is under Sections 465, 467, 468, 471 and 420 r/w 34 of

IPC. The said case is now pending before the learned

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Railway Mobile Court, Andheri and it is numbered as

28/P/2005.

3. Heard learned counsel for the petitioner - accused,

respondent No. 2 - original complainant and learned APP for

the State.

4. The complainant who is present before the Court states

that the matter has been amicably settled between him and

the petitioner and hence, he does not wish to pursue his

case any further against the petitioner and the FIR and the

proceedings relating thereto may be quashed qua the

petitioner. He has also tendered an affidavit to the said

effect which is annexed as Exh. C to the petition.

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

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

matter, FIR bearing No. 160/2000 registered with Andheri

Police Station and the proceedings relating thereto are

quashed qua the petitioner.

6. The petitioner who is in custody be released forthwith,

if not required in any other case.

7. Rule is made absolute in the above terms.

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




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