Ms. Shilpa Rao vs The State Of Maharashtra And Anr
2018 Latest Caselaw 1159 Bom

                                                              902. Cri.WP 395-18.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                     CRIMINAL WRIT PETITION NO. 395 OF 2018


       Ms. Shilpa Rao
       Age about 33 years, 
       residing at 1201 Bharat Park
       Vista Lallubhai Park,
       Andheri - West,
       Mumbai - 400 058.                                     ...Petitioner
                                                             (org. accused)

               Vs.

       1. The State of Maharashtra
       through Inspector in charge,
       Oshiwara Police Station,
       Andheri (W), Mumbai 400 053,
       to be served through Public
       Prosecutor, High Court (A.S.),
       Bombay.


       2. Mr. Deep Kumar Vohra
       Adult, Non-resident Indian
       inhabitant, residing at
       5600, Forbes Dr. Newwark,
       CA 94560, United States of America                    ...Respondents

                                         ...........

       Mr. Shailesh Povia along with C. Keswani i/by Economic Laws 
       Practice, Advocate for the petitioner.

       Mr. Arfan Sait, A.P.P. - State.


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                                                             902. Cri.WP 395-18.doc

 Mr.   Deep   Kumar   Vohra   -  respondent   No.2   present   before   the 
 Court.
                                  ...........


                  CORAM : SMT. V.K. TAHILRAMANI ACTING C.J.  
                                 AND M.S.KARNIK, J.

DATE : 30th JANUARY, 2018.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, A.C.J.) :-

Rule. Rule is made returnable forthwith and the

matter is heard finally by consent of parties.

2. The petitioner is seeking quashing of M.E.C.R. No.

10 of 2017 of Oshiwara Police Station, Mumbai. The said case is

under Section 406, 409, 415, 417, 418 and 420 of the Indian

Penal Code. The said case is now pending before learned

Metropolitan Magistrate, Railway Mobile Court, Andheri,

Mumbai.

902. Cri.WP 395-18.doc

3. Heard learned Counsel for petitioner/original

accused, learned Counsel for respondent No.2 / original

complainant and learned APP for the State.

4. The petitioner and the complainant are present

before the Court. The complainant stated that the matter has

been amicably settled between the parties and he does not wish

to pursue the case any further. He also tendered an affidavit to

the said effect. The affidavit is taken on record and marked 'X'

for identification. In the said affidavit, it is also stated that he

has received a Demand Draft of Rs.4,46,633/- and he has no

objection to the case being quashed.

5. Looking to the facts of this case, we are of the

opinion that it would be covered by the decision of the Supreme

Court in the case of Gian Singh v. State of Punjab, reported in

(2012) 10 SCC 303.

6. Looking to the fact that the matter has been

amicably settled between the parties and looking to the fact that

902. Cri.WP 395-18.doc

the complainant does not want 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 matter,

M.E.C.R. No. 10 of 2017 and the proceedings relating thereto

are quashed.

7. Rule is made absolute in above terms.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE)