MAHESH BHAYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Petition, the Petitioners seek quashing of the FIR registered vide CR No.239/2015 with the Pydhonie Police Station, Mumbai for the alleged offences punishable under Ss. 420, 465, 468, 471 r/w 34 of the Indian Penal Code, 1860. The Petitioners contend that the Petitioners and the Respondent No.2 have amicably settled their dispute.

(2.) The Petitioners state that there was a suit bearing Suit No.532 of 2015 which was filed between the parties in this Court. The Petitioners state that the said suit is settled between the Petitioners and the Respondent No.2 and that the parties have filed consent terms in the said Civil Suit, in this Court. One of the condition of settlement (Clause No.11) was that the parties will cooperate in quashing the FIR No.239/2015 under Ss. 420, 465, 468, 471 r/w 34 of the Indian Penal Code. The advocate for the Respondent No.2 does not dispute the settlement.

(3.) The advocate for the Respondent No.2 has filed an affidavit in support of the Petition. Learned advocate for Respondent No.2 does not dispute the contentions raised by the Petitioner in the present Writ Petition. The Respondent No.2 is present through V.C. Learned advocate for the Respondent No.2 identifies the Respondent No.2.