Bombay High Court
Ashish S/O Arun Kawale And Another vs State Of Maharashtra, Through ... on 27 April, 2016
Bench: B.R. Gavai
apl.42.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
CRIMINAL APPLICATION (APL)NO.42/2016
1) Ashish s/o Arun Kawale
Aged 26 years, occu; Education/Private job
R/o Plot No.661, Ramnagar, Marartoli
Ambazari, Nagpur.
2) Parinav s/o Surendra Hatwar
Aged 23 years, occu; Education/Pvt. Job
Presently Reside at Plot No. 661,
Ramnagar, Marartoli, Ambazari,Nagpur. ..APPLICANTS
v e r s u s
1) State of Maharashtra
through PSO P.S. Ambazari
Nagpur.
2) Nisha d/o Shashikant Rayzada
Aged 26 years, occu: Education
R/o Plot No.662, Ramnagar
Marartoli, Ambazari,Nagpur. .. ...NON-APPLICANTS
(RESPONDENTS)
...........................................................................................................................
Mr. R.M.Khapekar Advocate for the applicants
Mr. S.M Ghodeswar, APP for respondent no.1
Mr. Rohit Jaiswal, Adv. for respondent no.2
............................................................................................................................
CORAM: B.R. GAVAI &
Mrs. SWAPNA JOSHI,JJ .
DATED : 27th April, 2016
JUDGMENT: (PER MRS. SWAPNA JOSHI, J.)
Rule. Rule made returnable forthwith. Heard learned counsel
for the parties finally, by consent.
apl.42.16
2. The applicants have approached this Court for quashment of the
First Information Report pending before the learned Judicial Magistrate, First
Class, Court No.10 vide RCC No.1349/2014 registered at Police Station
Ambazari, Nagpur, under section 354, 509, 294, 506 read with Section 34 of
the Indian Penal Code registered against the applicant.
3. The applicants and non-applicant no.2 are the residents of the
same locality and they are neighbourers. On 18th March 2014 the non-
applicant no.2 was chatting with her fiancee on mobile phone at 1.00 a.m.
on her terrace. At that time, applicant no.1 allegedly misbehaved with non-
applicant no.2. Initially, non-applicant No.2 informed her mother about the
said misbehaviour of applicant No.1. However, as applicant no.1 apologize
for the same, the matter was settled. On 31st March 2014, again, the applicant
no.1 caught hold hand of non-applicant no.2. On this, non-applicant no.2
lodged a complaint against the applicant no.1 in the Police Station. The
offence came to be registered against the applicants u/ss. 354, 509, 294, 406
r/ws.34 of the IPC.
4. The applicants and non-applicant No.2 have now resolved
their dispute amicably amongst themselves.
5. The applicants and non-applicant No.2 are present before the
Court and they reiterate about their settlement.
6. In case of Gian Singh vs State of Punjab, reported in 2010 All
MR (Crimes) 3942 and Madan Gopal Abot vs. State of Punjab (2008) 4
apl.42.16
SCC 582, the Hon'ble Apex Court held that if the dispute between the parties
is amicably settled and there is no element of public law involved, this
Court can exercise the powers u/s. 482 of the Cr.P.C., to give an end to the
criminal proceedings
7. We do not find that any public law is involved in the present
matter. The F.I.R. appears to have been lodged on account of misunderstanding
between the parties and now the non-applicant No.2 has no grudge against
8.
the applicants. They have bona fidely settled the dispute.
In the circumstances, we find that it is a fit case to exercise
powers u/s 482 of the Cr.P.C. Rule is therefore made absolute in terms of
prayer clause (2) of the Application. Needless to state that the subsequent
proceedings shall stand quashed and set aside.
JUDGE JUDGE
sahare
