Bombay High Court
Jagannath S/O. Khanderao Jadhav ... vs The State Of Maharashtra And Anr on 15 April, 2016
Bench: R.M. Borde
criappln1584.16.doc
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1584 OF 2016
1. Jagannath s/o Khanderao Jadhav
age 66 years, occ. Retired Govt. Officer
r/o Swami Building
7 Hills Colony, Near 7 Hill Flyover,
Jalna road,
Aurangabad.
2. Vikrant s/o Jagannath Jadhav
age 36 years, occ. Agril
r/o Swami Building
7 Hills Colony, Near 7 Hill Flyover
Jalna Road,
Aurangabad. .. APPLICANTS
VERSUS
1. The State of Maharashtra
2. Sahebrao Namdeorao Mankape
age 37 years, occ. Service
r/o Sanjay Nagar,
Aurangabad. .. RESPONDENTS
Mr. N.S. Ghanekar, advocate for applicants.
Mr. S.P. Deshmukh, APP for the State.
Mr. J.V. Deshpande, advocate for respondent no. 2.
=====
CORAM : R.M. BORDE &
K. L. WADANE, JJ.
DATE : 15th APRIL, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith. Heard finally by consent of
learned counsel for respective parties.
2. This is an application seeking quashment of criminal proceeding
initiated in pursuance of lodging of First Information Report bearing Crime
criappln1584.16.doc
No. 0052/2016 registered at Jinsi police station, Aurangabad, for
commission of offences punishable under sections 323, 406, 420, 504, 506
r/w section 34 of the Indian Penal Code. Complainant alleges that accused
took total sum of Rs. 3,27,765/- by extending false promise and did not
adhere to the assurances given.
3. Complainant has presented affidavit-in-reply stating therein that
complaint was presented as a result of certain mis-understanding between
the parties and that, accused and complainant have sorted out their
differences. Complainant as such has no objection for directing quashment
of the proceeding initiated against accused. Settlement deed duly signed by
complainant and accused is presented on record and marked 'X' for
identification.
4. In view of settlement reached between the parties, we do not find any
impediment in directing quashment of the proceeding initiated against
accused. Applicants place reliance on judgments in the matter of Gian
Singh Vs. State of Punjab reported in (2012) 10 SCC 303 and Narinder
Singh and others Vs. State of Punjab and another reported in (2014) 6
Supreme Court Cases 466 and contends that in such circumstances, it
would be reasonable and appropriate to direct quashment of the proceeding.
Since the parties have settled their differences and the nature of offence
alleged does not affect the public peace and tranquility, we do not find any
difficulty in directing quashment of the proceeding as requested by the
parties. Application is thus allowed. Criminal proceeding initiated against
criappln1584.16.doc
accused as a result of lodging of FIR being Crime No. 0052/2016 registered
at Jinsi Police Station, Aurangabad stands quashed. Rule is accordingly
made absolute.
( K. L. WADANE ) ( R. M. BORDE )
JUDGE JUDGE
dyb
