Mr. Ismail Nazir Shakoor & Anr. v. The State of Maharashtra & Anr.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 406, 420
Key paragraphs
- Para 33. Hence the offence punishable under Sections 420 and 406 of IPC which is the subject matter of Criminal Complaint No. 281/SW/2005 is hereby allowed to be compounded and consequently the proceedings in the said case stand quashed. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)
Judgment
Mr. Ismail Nazir Shakoor and anr. ..Applicants Vs. The State of Maharashtra and anr. ..Respondents Mr. A.H.H. Ponda for applicants. Mr. A.S. Shitole, APP for State. Mr. H. Rehman i/by M/s. D.H. Law and Ass. for respondent no.2. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : July 06, 2007. Date : July 06, 2007. Date : July 06, 2007. P.C.: P.C.: P.C.:
This application by the original accused invoking the inherent powers of this court under Section 482 of Cr.P.C. for directions to compound the offences, on the basis of the settlement arrived between the applicants and the respondent no.2-original complainant in the intervening period.
Shri Rajendra Punde, Constituted Attorney of the respondent no.2 has filed an affidavit and stated :2: that the applicants and the said respondent no.2 have entered into consent terms for settling all disputes amongst themselves in relation to refund of Security Deposit pertaining to the premises situate at "Jal-Darshan", Napean Sea Road, Mumbai - 400 026 and the consent terms have been filed in Summary Suit No. 303 of 2004. It is further stated in the said affidavit that the respondent-complainant has no objection if the proceedings are quashed by this court under Section 482 of Cr.P.C. in Criminal Complaint No. 281/SW/2005.
Hence the offence punishable under Sections 420 and 406 of IPC which is the subject matter of Criminal Complaint No. 281/SW/2005 is hereby allowed to be compounded and consequently the proceedings in the said case stand quashed. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 406, 420.
Which court decided this case, and when?
Bombay High Court, on 06 Jul 2007. The bench was B H MARLAPALLE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.