APL 910.16 + APL 130.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION [APL] NO.910 OF 2016
1] Nurul Haq @ Mohammed Salim
Abdul Haq, Age 44 years,
Occupation-Business,
R/o. Shanty Nagar, Behind Garden,
Lal Nagar, Nagpur.
2] Mr. Rahul s/o Kantilal Soni,
Age 30 years, Occupation-Business,
R/o. Opposite Dr. Wadia's Hospital,
Hansapuri, Old Bhandara Road,
Nagpur. .. APPLICANTS
.. VERSUS ..
State of Maharashtra,
Through Police Station Officer,
Police Station Tahsil,
Nagpur. .. NON-APPLICANT
WITH
CRIMINAL APPLICATION [APL] NO.130 OF 2017
1] Damodhar s/o Pandurang Lilhare,
Age 44 years, Occupation-Advocate,
R/o. 681, Hiwari Nagar Layout,
Near Power House P 9,
Nagpur.
2] Nurul Haq @ Mohammad Salim Abdul Haq,
Age 44 years, Occupation-Business,
R/o. Shanty Nagar, Behind Garden,
Lal Nagar, Nagpur. .. APPLICANTS
.. VERSUS ..
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APL 910.16 + APL 130.17.odt 2
State of Maharashtra,
Through P.S.O. Tahsil,
Nagpur. .. NON-APPLICANT
..........
Shri R.R. Vyas, Advocate for Applicants in APL 910/2016,
Shri O.K. Masurke, Advocate for Applicants in APL 130/2017,
Shri S.M. Ukey, A.P.P. for Non-Applicant-State.
..........
CORAM : B.R. GAVAI AND
KUM. INDIRA JAIN, JJ.
DATED : MARCH 08, 2017.
ORAL JUDGMENT : (Per : B.R. GAVAI, J.) Rule. Rule is made returnable forthwith. Heard by consent.
2] In Criminal Application (APL) No.910/2016, applicants, who are original first informants and accused in First Information Report No.73/2013, have prayed for quashing and setting aside the said First Information Report as well as the consequential criminal proceedings, whereas in Criminal Application (APL) No.130/2017 is filed by the first informants in the said crime and the accused no.2. 3] The parties are personally present in the court and they reiterate about the settlement. ::: Uploaded on - 14/03/2017 ::: Downloaded on - 15/03/2017 00:23:40 ::: APL 910.16 + APL 130.17.odt 3 4] The perusal of First Information Report as well as charge-sheet would reveal that the dispute is with regard to sell of dwelling house. The perusal of First Information Report would reveal that the dispute between the parties is purely personal and no element of public law is involved. 5] When the parties have amicably settled their civil dispute, we find that no purpose would be served in continuing the criminal proceedings between the parties. Parties, in order to live peaceful life, have decided to give an end to the criminal proceedings.
6] In that view of the matter, both Criminal Applications are allowed. Rule is made absolute in terms of prayer clause (2) in Criminal Application (APL) No.910/2016 and in terms of prayer clause (B) in Criminal Application (APL) No.130/2017.
(Kum. Indira Jain, J.) (B.R. Gavai, J.) .........
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