Ramesh Devicharan Dubey And ... vs State Of Maharashtra, Thr. P.S.O. ...
2016 Latest Caselaw 3912 Bom

                                           1           APL349-16&350-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                CRIMINAL APPLICATION (APL) NO. 349/2016
                                 with
                CRIMINAL APPLICATION (APL)NO. 350/2016
                                  ...




                                                  
    CRIMINAL APPLICATION (APL) NO. 349/2016

    1. Ramesh Devicharan Dubey,
       Aged about 70 years,




                                               
       Occupation: Nil,


       Aged about 40 years,
                             
    2. Shailesh s/o Ramesh Dubey,

       Occupation: Tuition Classes,
                            
    3. Nilesh s/o Ramesh Dubey,
       Aged about 36 years,
       Occupation: Service,

    All Nos. 1 to 3 Vilas Nagar,
      


    Near Waghapur Tekdi,
    Waghapur, Yavatmal,
   



    Tq. and District Yavatmal.                    ..             APPLICANTS


                                   .. Versus ..





    1. State of Maharashtra,
       through Police Station Officer,
       Police Station Yavatmal City,
       Tah. And Distt. Yavatmal.





    2. Devendra s/o Subhash Meshram,
       Aged about 48 years,
       Occupation: Service & Business,
       R/o Patipura, Yavatmal,
       Tq. And District Yavatmal.                 ..            RESPONDENTS


    Mr. T.U. Tathod, Advocate for Applicants
    Mr. V.A. Thakre, APP for Respondent No.1.
    Mr. C.M. Sharma, Advocate for Respondent No.2.
                         ....



    ::: Uploaded on - 19/07/2016                   ::: Downloaded on - 30/07/2016 09:48:09 :::
                                            2           APL349-16&350-16.odt         




    CRIMINAL APPLICATION (APL) NO. 350/2016




                                                                           
    1. Ramesh Devicharan Dubey,




                                                   
       Aged about 70 years,
       Occupation: Nil,

    2. Shailesh s/o Ramesh Dubey,
       Aged about 40 years,




                                                  
       Occupation: Tuition Classes,

    3. Nilesh s/o Ramesh Dubey,
       Aged about 36 years,
       Occupation: Service,




                                               
    All Nos. 1 to 3 Vilas Nagar,
                             
    Near Waghapur Tekdi,
    Waghapur, Yavatmal,
    Tq. and District Yavatmal.                    ..             APPLICANTS
                            
                                   .. Versus ..


    1. State of Maharashtra,
      


       through Police Station Officer,
       Police Station Yavatmal City,
   



       Tah. And Distt. Yavatmal.

    2. Sau. Nilottama w/o Manoharrao
       Gulhane, Aged about 45 years,





       Occupation: Household,
       R/o Plot No.213, New Darda Nagar,
       Yavatmal, Tq. And District Yavatmal. ..                  RESPONDENTS





    Mr. T.U. Tathod, Advocate for Applicants
    Mr. V.A. Thakre, APP for Respondent No.1.
    Mr. C.M. Sharma, Advocate for Respondent No.2.

                                   ....


                  CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : July 18, 2016.

3 APL349-16&350-16.odt

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2. By way of present applications, the applicants have

approached this Court for quashing and setting aside the first

information report Nos.888/2013 and 889/2013.

3.

The identical first information reports came to be lodged

by respondent no.2 in both the applications alleging therein that

the plots which were agreed to be sold by applicant no.1 to

respondent no.2 in both the applicants, are already sold by him to

applicant Nos. 2 and 3.

4. The matter has been amicably settled between the

parties. It appears that there was a civil suit filed by respondent

no.2 herein before the learned Civil Judge, Senior Division,

Yavatmal. In the said civil suit, the matter has been compromised

and the matter has been amicably settled between the applicants

on one hand and respondent no.2 on the other hand in both the

applications. The perusal of the allegations made, would reveal

that the dispute basically arises out of breach of agreement

between the parties. The dispute would be, therefore, basically

civil in nature. We find that there is nothing which can be said to

4 APL349-16&350-16.odt

be against the public law in the said matter.

5. Applicant Nos. 2 and 3 and respondent no.2 in both the

applications are personally present in the Court. They are

identified by their respective counsel. They reiterate about the

settlement arrived at in between them. We are of the considered

view that the matter has been amicably settled between the

parties and even if the matter goes for trial, it will be a futile

exercise.

6. In that view of the matter the applications deserve to be

allowed. Rule is, therefore, made absolute in terms of prayer

clause (i) of both the applications.

(V.M. Deshpande, J. ) (B.R. Gavai, J.) ...

Certificate

I certify that this judgment uploaded is a true and correct copy of original

signed Judgment.

Uploaded by : R.G. Halwai, Uploaded on : 19.07.2016 Private Secretary