1 jg.apl 554.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 554 of 2017
(1) Sou. Kiran Rakesh Sharma,
Aged 51 Years, Occu - Service,
Resident of Bajarang Colony,
Railway Dibba Coach, Jabalpur.
(2) Nilesh s/o Ichchulal Damahe
Aged Years, Occu - Private,
Resident of Chichala, Tah. Ramtek,
District Nagpur.
(3) Bharat Anandrao Mohare,
Aged Years, Occu - Private,
Resident of Chichala, Tah. Ramtek,
District Nagpur. .... Applicants
// Versus //
(1) State of Maharashtra,
Through P.S.O. Police Station
Ramtek, District Nagpur.
(2) Sujit Bharat Mohare
Aged Years, Occu -
Resident of Chichala, Tah. Ramtek,
District Nagpur. .... Non-applicants
Ms. Neeta Gautam, Advocate for the applicants
Ms. T. H. Khan, Additional Public Prosecutor for the non-applicant no. 1
The non-applicant no. 2 in person
CORAM : SMT. VASANTI A NAIK AND
M. G. GIRATKAR, JJ.
DATE : 05-09-2017.
JUDGMENT (Per : M. G. GIRATKAR, J.)
Rule. Rule made returnable forthwith. The criminal .....2/-
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2 jg.apl 554.17.odt application is heard finally at the stage of admission with the consent of the learned counsel for the parties.
2. By the present application, the applicants challenge the First Information Report (FIR) lodged by the non-applicant no. 2 in the Police Station, Ramtek, District Nagpur. The applicants prayed to quash and set aside FIR registered vide Crime No. 399/2017 for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. It is submitted that the non-applicant no. 2 lodged the report alleging that the applicants in furtherance of their common intention cheated him by inducing to pay Rs. 1,65,000/-.
3. The applicants assured the non-applicant no. 2 to provide job in the Railway. It is further report lodged by the non-applicant no. 2 that Rs. 1,65,000/- was given by the non-applicant no. 2 to the applicants but they failed to provide any service to the non-applicant no. 2. The non- applicant no. 2 came to know that the applicants deceived/cheated him and then he lodged the report. On his report, crime was registered at Police Station, Ramtek for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
4. During the course of submissions, it is submitted that the .....3/-
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3 jg.apl 554.17.odt applicants and the non-applicant no. 2 have compromised the matter and the non-applicant no. 2 do not want to prosecute the applicants, therefore, prayed to quash and set aside the FIR lodged by the non- applicant no. 2 against the applicants.
5. Today, all the applicants and the non-applicant no. 2 are present before the Court. The non-applicant no. 2 is identified by the counsel of the applicants.
6. We asked the non-applicant no. 2, then he replied that he has settled the matter out of the Court and he do not want to prosecute the applicants.
7. In view of the further development after lodging the report, it is clear that the applicants and the non-applicant no. 2 have settled the dispute out of the Court and as per the say of the non-applicant no. 2, he does not want to prosecute all the applicants.
8. In view of the settlement, no fruitful purpose will be served by keeping the matter pending before the Court. There is no possibility of any conviction of any of the applicants because the non-applicant no. 2 would not depose against the applicants in view of the settlement between them. In view of the settlement between the parties, this Court .....4/-
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4 jg.apl 554.17.odt can quash the FIR lodged against the applicants in view of the law laid down by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303. The applicants and the non- applicant no. 2 have settled their grievance. In view of their compromise, FIR lodged by the non-applicant no. 2 against the applicant nos. 1, 2 and 3 for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code registered at Police Station, Ramtek, District Nagpur vide Crime No. 399/2017 is liable to be quashed and set aside. Accordingly, we allow the criminal application in terms of prayer clause
(i) and quash and set aside FIR vide Crime No. 399/2017 lodged by the non-applicant no. 2 against the applicants in Police Station, Ramtek, District Nagpur for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Order accordingly. No costs.
JUDGE JUDGE
wasnik
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