High CourtsDivision Bench(2013) 09 BOM CK 0254

Shabbir Khan vs The State of Maharashtra

Bombay High Court · Decided on 30 September 2013 · Citation: (2014) ALLMR(Cri) 1650

HON’BLE JUDGES
Z.A. Haq, J · B.R. Gavai, J
RESULT
Allowed
CASE NUMBER
Criminal Application (Apl.) No. 211 of 2013

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Judgment

3 paragraphs · 171 words

B.R. Gavai, J.—Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties by consent. The applicant has filed the present Criminal Application for quashing the criminal proceedings arising out of Criminal Complaint bearing No. 933/12 which in turn arise out of F.I.R. bearing Crime No. 168/12.

2.

The perusal of the FIR would reveal that it pertains to a loan transaction and a seizure of the vehicle.

3.

The respondent No. 2 complainant has filed an affidavit stating therein that the matter has been amicably settled between the parties. Even otherwise, the dispute appears to be purely of civil nature. The Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, has held that when the dispute is purely personal in nature and involves no element of public law, this Court should invoke jurisdiction u/s 482 of Criminal Procedure Code for quashing of criminal case. In that view of the matter, the Criminal Application is allowed. Rule is made absolute in terms of prayer clause (a).