LAWS(BOM)-2006-9-58

JITENDRA GHANSHYAM DUBE Vs. NARIMAN S NAGPURWALA

Decided On September 18, 2006
JITENDM GHANSHYAM DUBE Appellant
V/S
NARIMAN S.NAGPURWALA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The Advocate for the 1st respondent waives service. The learned a. P. P. waives service for the 2nd respondent. Taken up for hearing forthwith.

(2.) The prayer in this Application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code) is for quashing the F. I. R. A private complaint was filed by the 1st respondent against the applicant alleging commission of offences under sections 467, 468, 471, and 420 of the Indian Penal Code. On the said complaint an order was passed under section 156 (3) of the said Code on the basis of which F. I. R. was registered against the applicant. It appears that regarding the subject-matter of the said complaint, a civil suit was also filed between the parties which has how ended in a compromise decree.

(3.) A true copy of the consent terms and a true copy of the order passed by the Civil Court on the consent terms have been annexed to the Application. This Court while passing the order dated 17th August, 2006, in Criminal application No. 2985 of 2006 has taken a note of the settlement between the parties.