1 1-apl-377-21j-1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 377 OF 2021
1. Shri Shyamsunder S/o. Damodhar Baheti,
Proprietor of Shyambaba Trading Company,
Aged about 54 years, Occ. Business,
R/o. Mangrulpuir, Tah. Mangrulpir,
Dist. Washim.
2. Shri Shyamsunder S/o. Gulabrao Dongre,
Aged about 52 years, Occ. Business,
R/o. Near Lata Mangeshkar Garden,
Surya Nagar, Nagpur. . . . APPLICANTS
...V E R S U S..
State of Maharashtra through
Police Station Mangrulpir,
Dist. Washim. . . . NON-APPLICANT
------------------------------------------------------------------------------------------------
Shri S. S. Sitani, Advocate for applicants.
Shri T. A. Mirza, A.P. P. for non-applicant/State.
-----------------------------------------------------------------------------------------------
CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 06.04.2021 JUDGMENT (PER : AMIT B. BORKAR, J.) :-
1. Heard.
2. Rule. Rule made returnable forthwith.
3. This joint application filed by the complainant (applicant no. 1) and accused (applicant no. 2) for quashing the First Information Report (FIR) No. 98/2018 and consequent charge-sheet No. 171/2019 ::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 13:39:34 ::: 2 1-apl-377-21j-1.odt for offence punishable under Sections 406 and 420 of the Indian Penal Code and proceeding bearing R.C.C. No. 6/2020 pending before the Judicial Magistrate First Class, Mangrulpir, Dist. Washim against the applicant no. 2.
4. The FIR came to be registered against the applicant no. 2 with accusation that the applicant no. 2 has not repaid an amount of 10,94,460/- to the applicant no. 1 towards purchase price of "Toor", though the said goods are lying in the warehouse. After the completion of investigation, charge-sheet came to be filed against the applicant no. 2 bearing No. 171/2019. During the pendency of the proceeding, before the Judicial Magistrate First Class, Mangrulpir, the applicants have mutually resolved their dispute by virtue of the Compromise Deed dated 15.01.2021. The present application has been sworn by the applicant no. 1, who is the complainant and the applicant no. 2, who is accused.
5. Having carefully considered the allegations in the FIR and material produced by the applicants in the form of charge-sheet, we are satisfied that the allegations against the applicant no. 2 are personal in nature. The Apex Court in the case of Madan Mohan Abbot reported in (2008) 4 SCC 582 has taken a view that it is advisable that in disputes where the question involved is of a purely personal nature, the Court should originally accept the terms of ::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 13:39:34 ::: 3 1-apl-377-21j-1.odt compromise even in criminal proceeding as keeping the matter alive with no possibility in favour of the prosecution is a luxury which Courts, grossly over-burdened, as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation.
6. In view of the above observations, we pass the following order :-
(i) First Information Report bearing No. 98/2018 and charge- sheet No 171/2019 for offence punishable under Sections 406 and 420 of the Indian Penal Code and proceeding of R.C.C. No. 6/2020 pending before the Judicial Magistrate First Class, Mangrulpir, Dist. Washim against the applicant no. 2 registered with the non-applicant-Police Station is quashed and set aside.
(ii) The amount of 25,000/- (Rs. Twenty Five Thousand) deposited by the applicant no. 2 with the Registry of this Court be transferred to the following account of Office of Government Pleader :- Saving Bank A/c No. : 129710100025875 Name of Bank : Union Bank, High Court Branch, Nagpur.
IFSC Code : UBIN0812978
Beneficiary : M/s. Library Committee,
Government Pleader, High Court,
Nagpur.
::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 13:39:34 :::
4 1-apl-377-21j-1.odt
Rule is made absolute in the above terms.
JUDGE JUDGE
RR Jaiswal
::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 13:39:34 :::