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2023 Supreme(Bom) 1926

ANUJA PRABHU DESSAI, R. M. JOSHI
Jeevan Dodhu Baviskar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
M.D. Narwadkar, Advocate, S.D. Ghayal, Advocate, S.M. Ganachari, Advocate

JUDGMENT/ORDER

1. Learned Counsel for the Applicants and the Respondent No. 2 have stated that the matter has been amicably settled. The Respondent No. 2 has filed his affidavit giving no objection to quash the first information report. Since the offence is punishable under Sec. 306 of IPC, which is not of private nature, we are not inclined to quash the proceedings with consent.

2. With consent of the parties, matter is heard finally at the stage of admission.

3. This is an application under Sec. 482 of Cr.P.C. to quash the first information report bearing Crime No. 326/2022 dtd. 18/9/2022 registered at Police Station, Parola, Dist. Jalgaon for the offence punishable under Sec. 306 read with Sec. 34 of the Indian Penal Code.

4. The aforesaid crime was registered pursuant to the FIR lodged by the Respondent No. 2, son of the deceased Shobhilal Mahajan. The FIR reveals that the deceased had availed loan from IndusInd Bank to purchase two commercial vehicles. The applicant no. 1 is the Branch Manager and the Applicant No. 2 was the Recovery Officer in the said bank. The deceased defaulted in payment of loan installments. It is stated that as per the advice of the Applicant No. 2 the dece

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