Ami Nishit Choksi & Ors. v. The State of Maharashtra & Anr.
Case at a glance
Outcome
Disposed of
Application is disposed off
Provisions considered
Key paragraphs
- Para 66. Normally speaking, this court would not quash a proceeding involving serious offence notwithstanding the fact that the complainant states that the matter is settled. This is so because a criminal offence is normally an offence against the State. In this case as a special…
Judgment
between the parties.
Operative part
Normally speaking, this court would not quash a proceeding involving serious offence notwithstanding the fact that the complainant states that the matter is settled. This is so because a criminal offence is normally an offence against the State. In this case as a special exception and particularly as the dispute is between the close family members as also for the reason that the A.P.P. states that the dispute :3: between the family members may be resolved, I am inclined to quash the proceeding. It may be stated that this order may not be treated as a precedent for quashing matters involving serious offences. On the last date of hearing, I had observed that the method of filing complaint, obtaining an order under Section 156(3), using the police machinery to commence and complete the investigation, thereafter settling the matter out of court and making an application for quashing of complaint, needs to be deprecated as it results in wastage of time of the court and the police officers. The applicants were also directed to deposit compensation of Rs.25,000/- which has been done. In the circumstances, the application is allowed in terms of prayer clause (a) and (c). The A.P.P. states that the amount of Rs.25,000/- may be paid over to the Police Welfare Fund. It is directed that the amount of Rs.25,000/- which has been deposited in this court may be paid to the Police Welfare Fund. Application is disposed off.
(R. S. MOHITE, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Application is disposed off
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908; Code of Criminal Procedure, 1973; Indian Penal Code, 1860.
Which court decided this case, and when?
Bombay High Court, on 22 Mar 2006. The bench was R S MOHITE.
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.