ASLAM YASIN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. No.94 of 2023 registered with Ghatkoper Police Station for offences punishable under Sec. 406, 420, 465, 467, 468, 471 r/w. 34 of the Indian Penal Code .

(2.) Heard learned Counsel for the Applicant, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Amita Dabke. The complainant had alleged that the Applicant and others had assured to transfer a room in her favour. The Applicant and the co-accused received total amount of Rs.35,00,000.00 from the first informant. It is staed that despite receipt of money, the Applicnt did not hand over possession of the room, nor they returned the money. Hence, the FIR. Learned Counsel for the Applicant and the Intervenor state that the parties have settled the dispute amicably. They have placed on record consent terms, which read thus: