LAWS(BOM)-2021-8-128

PRASHANT PANDURANG PATIL Vs. STATE OF MAHARASHTRA

Decided On August 24, 2021
Prashant Pandurang Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

(2.) This petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 ( 'the Code ') is instituted to quash and set aside the F.I.R. No. 30/2020, registered with Gandhi Nagar Police Station, Ghatkopar, for the offences punishable under sections 387, 420 and 506 read with 34 of the Indian Penal Code, 1860 ( 'the Penal Code ') and sections 39 and 45 of Maharashtra Money-Lending (Regulation) Act, 2014 at the instance of respondent No.2-Shivaji Tukaram Bodke, the frst informant, on the basis of settlement arrived at between respondent No.2 and the petitioners.

(3.) The gravamen of indictment against the petitioners is that the petitioners and the co-accused Dr. Prakash Bandiwadekar had lent money to respondent No.2, in the course of illegal money lending business, usurped agricultural land of respondent No.2 by coercing him to execute the sale-deed and when the respondent No.2 demanded re-conveyance of the said land, the petitioners and the co-accused attempted to extort money and threatened him out of his life.