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Quashing of FIR allowed subject to serving at an old-age home for six months: Bombay High Court

The Bombay High Court allowed the quashing of FIR subject to the parties serving at an old-age home two Sundays each month, for six months through the division bench of Justice Anil S. Kilor and Justice Prasanna B. Varale in the case of Mr. Amol Ramakant Ekbote and Ors. v/s The State of Maharashtra and Ors. (CRIMINAL WRIT PETITION NO.3411 OF 2021 )

FACTS OF THE CASE:
Petitioners met Respondent through their involvement in online bating game activities, which led to their acquaintance. The Petitioners promised that the Respondent would receive excellent returns on the money deposited in the online gaming. As a result, the Respondent made an investment of a specified sum, and the Petitioners then engaged in an alleged act of extortion by threatening the Respondents with death. As a result, complaints against the Petitioners were filed at the Wanwadi police station.

The petitioners claimed that they were young adults, some of whom were working in the IT industry. After the crime was registered, several of the petitioners lost their jobs, and now they are having a difficult time finding new employment as a result of the crime being registered against them. They stressed that the registration of their crimes would not stand in the way of their improved future prospects and that they are ready to perform social services for their previous actions and are desirous of chanting a new lease of life in the future.

JUDGEMENT:

The bench emphasized that the petitioners are young people who want to settle down, forget the past, and begin their careers over from scratch.

The court granted the petition in terms of the prayer, with the condition that the Petitioner Nos. 1 through 5 and Respondent No. 2 attend the Niwara Old Age Home in Sadashiv Peth, Pune, on a regular basis, namely every first and third Sunday from 11 a.m. to 2 p.m. for a period of six months. For a period of six months, the petitioners and respondents must produce a certificate in the registry attesting to their legally obtained monthly attendance.

The court stated that the continuation of the FIR or the proceedings that would have been brought about by the registration of the offence would serve no useful purpose in light of the respondent’s declaration that he is ready and willing for the First Information Report to be quashed. The court determined that maintaining the FIR would serve no purpose other than to further tax the already overworked Criminal Courts.

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JUDGEMENT REVIEWED BY REETI SHETTY

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