HARSHAD RATILAL SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the Petitioners seek quashing of the FIR being C.R.No. 238 of 2019, registered with Oshiwara Police Station, Andheri, Mumbai for the alleged offences punishable under Ss. 420, 406 read with 34 of the Indian Penal Code , 1860, and also Misc. Case No.700 of 2019 arising out of the said crime, which is pending before the learned Additional Chief Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai. The quashing is sought on the premise that the dispute has been settled between the parties and also as against the accused no.2, "B" summary report has been filed and only the Petitioners have been chargesheeted.

(2.) Learned counsel appearing for the Respondent No.2 has tendered the consent-affidavit of Respondent No.2 dated 13 th October, 2022, to which the Aadhaar Card of the Respondent No.2 is annexed. He would further submit that the Respondent No.2 has no objection to the petition being allowed.

(3.) Perused the proceedings. It is alleged that the Petitioner Nos.2 and 3 herein, had approached the complainant and offered for sale two flats in their building, as against which the complainant had paid a sum of Rs.2,96,24,000.00 to the Petitioners. It is further alleged that subsequently, the Respondent No.2 realized that one of the flat is also being sold to two more persons, and as such, the Respondent No.2 has lodged the subject FIR.