Bombay HC allows quashing of FIR subject to serving at an old-age home two Sundays each month, for six months

Bombay HC allows quashing of FIR subject to serving at an old-age home two Sundays each month, for six months

The Bombay High Court allowed quashing of FIR subjected to serving at an old-age home two Sundays each month, for six months.

Background 

Petitioners developed an acquaintance with Respondent and prompted them from participating in online bating game activities. The Petitioners gave assurances of handsome returns of the amount invested by the Respondent in the online gaming. Accordingly, the Respondent invested a certain amount and subsequently the Petitioners by giving threats of life to Respondents indulge themselves in an act of alleged extortion. Accordingly, offenses were registered against the Petitioners at the Wanwadi police station. 

Arguments 

The Petitioners contended that they are young persons and some of them were employed in the IT sector and because of the post registration of the crime some of Petitioners lost their jobs and now they are facing severe difficulties in obtaining fresh employment due to registration of crime against them. 

They urged that they are repenting and ready to provide for social services for the past activities and are desirous of chanting a new lease of life in future and for their better future prospect the registration of crime shall not be a hurdle.

Decision 

The division bench of Justice Anil S. Kilor and Justice Prasanna B. Varale noted that the Petitioners are young persons and are desirous of settling in life forgetting the past and starting their career afresh. 

The court allowed the petition in terms of prayer subject to condition that the Petitioner Nos.1 to 5 and Respondent No.2 to attend Niwara Old Age Home situated at Sadashiv Peth, Pune having on a periodical basis i.e. on every first and third Sunday from 11.00 a.m. to 2.00 p.m. for a period of six months. The Petitioners and Respondents to submit the certificate of their monthly attendance duly consented in the registry for a period of six months.

The court said that in view of the statement of Respondent that he is ready and willing for quashing of the First Information Report, no fruitful purpose would be served by continuation of FIR or the proceedings which would have been raised on the registration of the crime. 

The court found that no purpose would be served by keeping the FIR alive, except burdening the Criminal Courts which are already overburdened.

Case title: Mr. Amol Ramakant Ekbote and Ors. v/s The State of Maharashtra and Ors. 

Citation: CRIMINAL WRIT PETITION NO.3411 OF 2021 

Click here to read the Order/Judgment 

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