Bombay High Court
Saurabh S/O Vijay Kumar Kurvey And ... vs State Of Maharashtra, Through ... on 4 April, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.781 OF 2015
1. Saurabh s/o. Vijay Kumar Kurvey,
Aged about 27 years, Occ.
Business.
2. Saket s/o. Vijaykumar Kurvey,
Aged about 24 years, Occ. Nil.
Both r/o. Vaishali Apartments,
Flat No.6, 2nd Floor, Sitanagar,
Khamla, Nagpur.
3. Varun s/o. Rajendra Borkar,
Aged about 19 years, Occ. Student.
Permanent r/o. Utsav Co-op. Soc.
Flat No.13/404, Oshivara,
Andheri (W), Mumbai. ........ APPLICANTS
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Police Station, Kalmeshwar.
2. Nilesh s/o. Gangadhar Dhime,
Aged about 23 years, Occ.
Driver, r/o. Junapani Chowk,
Post Khursapar, Tah. Katol,
Distt. Nagpur. ........ RESPONDENTS
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Mr.R.M.Daga, Adv. for the applicants.
Mr.V.P.Gangane, A.P.P. for Respondent no.1/State.
Ms Neerja Choubey, Adv. for respondent no.2.
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CORAM : B. R. GAVAI &
MRS.SWAPNA JOSHI, JJ.
DATE : 4.4.2016.
ORAL JUDGMENT (Per B. R. Gavai, J) :
1. Rule. Rule made returnable forthwith. Heard by consent.
2. The applicants have filed present Criminal Application
u/s.482 of the Code of Criminal Procedure for quashing F.I.R. No.158
of 2015, dt.26.6.2015 registered by Police Station, Kalmeshwar,
District Nagpur against them.
3. The F.I.R. is lodged for the offences punishable under
Section 394 r/w. 34 of the Indian Penal Code. It is alleged in the
F.I.R. that there was a dash in between the vehicle i.e. Tata Ace of the
first informant and Wagon R vehicle bearing registration No.MH-31
AK 1185 of the applicants/accused. After the dash, the present
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applicants stole certain amounts from the pocket of the first
informant and also certain other goods from his vehicle.
4. It appears that, though the F.I.R. was lodged against
unknown persons, on the basis of number of the vehicle of applicants,
the present applicants were arrested and were immediately released
on bail.
5.
In the present case, an affidavit was filed by the first
informant stating therein that the said F.I.R. was lodged in the Police
Station by him on account of misunderstanding since he refused to
pay compensation for the loss caused to the vehicle of the applicants.
6. The Apex Court in the cases of Gian Singh vs. State of
Punjab and another reported in 2010 ALL MR (Cri) 3942 and
Madan Mohan Abbot .vs. State of Punjab reported in (2008) 4 SCC
582 has held that if the dispute between the parties is amicably
settled and there is no element of public law involved, this Court can
exercise powers u/s. 482 of the Code of Criminal Procedure to give
an end to the Criminal proceedings.
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7. We find that no element of public law is involved in the
present matter. The F.I.R. appears to have been registered on account
of misunderstanding between the parties. We, therefore, find that this
is a fit case to exercise powers under Section 482 of the Code of
Criminal Procedure. Rule is, therefore, made absolute in terms of
prayer clause (1) of the instant Criminal Application.
Needless to state that the subsequent proceedings shall
also stand quashed and set aside.
JUDGE JUDGE
jaiswal
