Bombay High Court
Palani Mahalingam Raman Pallar And Anr vs The State Of Maharashtra And Anr on 18 April, 2024
Author: N. R. Borkar
Bench: Prakash D. Naik, N. R. Borkar
2024:BHC-AS:18495-DB
This Order is modified/corrected by Speaking to Minutes Order dated 24/04/2024
504-WP-1074-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1074 OF 2020
Palani Mahalingam Raman Pallar And Anr. ...Petitioner
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Aditya Joshi, Advocate for the Petitioners.
Mr. Anand S. Shalgaonkar, APP for the Respondent - State.
Mr. Purav Damania, Advocate for Respondent No.2.
....
CORAM : PRAKASH D. NAIK, &
N. R. BORKAR, JJ.
DATE : 18th APRIL, 2024.
P.C.:
1. Not on board. Taken on board.
2. Private complaint was filed by Respondent No.2 seeking
directions under Section 156(3) of Code of Criminal Procedure
against the Accused for the offences under Sections 465, 467, 468,
471, 406 r/w 34 of Indian Penal Code (for short 'IPC'). The learned
Metropolitan Magistrate 10th Court, Andheri, Mumbai vide Order
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2024.04.22
19:22:37 +0530
dated 15th February, 2020 directed the Senior Police Inspector of
Juhu Police Station to take cognizance of complaint and investigate
the matter. Pursuant to the directions of learned Magistrate MECR
SUNNY THOTE 1 of 4
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504-WP-1074-2020.doc
No.3 of 2020 was registered with Juhu Police Station on 6 th March,
2020 for the aforesaid offence.
3. Learned Advocate for the Petitioners and Respondent
No.2 submitted that there is settlement between the parties. The
dispute is resolved. The Respondent No.2 has no objection for
quashing the Order dated 15th February, 2020, consequential MECR
dated 6th March, 2020 and the charge-sheet filed against the
Petitioners which is pending before the Court of learned
Metropolitan Magistrate 10th Court, Andheri, Mumbai vide C.C.
No.483/SW/2019.
4. The Respondent No.2 is the Development Cooperative
Housing Association. The complainant is represented by Advocate.
5. The affidavit filed on behalf of Respondent No.2 indicate
that the deponent of the affidavit is authorized representative and
President of Respondent No.2. The Respondent No.2 is a Body
Association duly registered under the Maharashtra Cooperative
Societies Act. The complainant is filing the affidavit pursuant to the
resolution dated 6th March, 2018 passed by the Respondent No.2
authorizing the deponent to file the present affidavit. After the
registration of the MECR the Accused Nos.1 and 2 had approached
the office bearers of Respondent No.2 and held detailed discussions
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on resolving the issue and post such negotiation the Respondent
No.2 in order to avoid any further disputes and litigation have
amicably settled and resolve the matter inter se amongst
themselves. In the light of settlement the complainant withdraws
all the allegation content in complaint and declared that
Respondent No.2 is not desirous of prosecuting the complaint
against the Petitioners. The copy of the resolution dated 6 th March,
2018 has been annexed to the Petition.
6. It is jointly submitted that the dispute was on account of
illegal construction carried out on the plot belonging to Respondent
No.2. The complaints were made to the corporation and pursuant
to the said complaints the Petitioners themselves removed the
illegal construction. Considering the said circumstances, the parties
have resolved the dispute and the complainant has no objection for
quashing the impugned order and the proceedings.
7. The affidavit filed by the complainant is taken on record.
In the light of the settlement between the parties and the factual
matrix as stated hereinabove. The relief sought in this Petition can
be granted.
ORDER
i. Criminal Writ Petition No.1074 of 2020 is allowed;
SUNNY THOTE 3 of 4 ::: Uploaded on - 22/04/2024 ::: Downloaded on - 29/04/2024 12:09:50 ::: This Order is modified/corrected by Speaking to Minutes Order dated 24/04/2024 504-WP-1074-2020.doc ii. The impugned Order dated 15th February, 2020 passed by learned Metropolitan Magistrate 10th Court, Andheri, Mumbai in C.C. No.483/SW/2019 below Exhibit-1 and the MECR No.3 of 2020 dated 6th March, 2020 registered with Juhu Police Station and the consequential charge-sheet filed in the proceedings which are pending before the Court of learned Metropolitan Magistrate 10th Court, Andheri, Mumbai vide C.C. No.483/SW/2019 are quashed and set aside. iii. The Petitioners shall pay cost of Rs.20,000/- each to Advocates Association of Western India Generation Next within a period of four weeks from today. The Account details are as under:
Account Name : Advocates Association of Western India Generation Next A/c No. : 000110110007807 Bank Name : Bank of India Branch Name : Mumbai Main IFSC Code : BKID0000001 iv. Petition stands disposed off.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)
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