Bombay High Court
Keshav Ganeshrao Kumbhalkar And ... vs State Of Maharashtra, Thr. P.S. ... on 22 July, 2016
Bench: B.R. Gavai
1 APL497-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.497/2016
...
1. Keshav Ganeshrao Kumbhalkar,
Aged about 45 years,
Occupation: Service,
R/o Plot No.2, Bapunagar,
Umred Road, Nagpur.
2. Vaibhav Sureshrao Pandav,
Aged about 33 years,
Occupation- Private,
R/o Plot No.114, Bapunagar,
Umred Road, Nagpur. .. APPLICANTS
.. Versus ..
State of Maharashtra,
through Police Station Sitabuldi,
Nagpur. .. NON-APPLICANT
Shri Mir Nagman Ali, Advocate for Applicant.
Shri N.B. Jawade, A.P.P. for Non-applicant.
....
CORAM : B.R. Gavai & V.M. Deshpande, JJ.
DATED : July 22, 2016.
ORAL JUDGMENT (per V.M. Deshpande, J. )
1. Rule. Rule made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2 APL497-16.odt
2. The present application under Section 482 of the Code of
Criminal Procedure is filed for quashing of the first information
report No. 2788/2016 registered with Police Station Sitabuldi for the
offences punishable under Sections 294, 323, 504 and 506 of the
Indian Penal Code.
3. The first information report is registered on the basis of
the complaint lodged by applicant no.1 Keshav Ganeshrao
Kumbhalkar against applicant no.2 Vaibhav Sureshrao Pandav in
respect of the incident dated 6.7.2016.
4. The present application under Section 482 of the Code of
Criminal Procedure is filed by both the complainant as well as the
person against whom the first information report is lodged.
5. The learned counsel Shri Mir Nagman Ali submits that
now the parties have reached to the amicable settlement and they
had decided to resolve their dispute amicably.
6. The complainant Keshav Ganeshrao Kumbhalkar is
personally present in the Court and he is identified by the learned
counsel. Looking to the nature of the allegations made in the first
information report and the fact that the parties have settled their
dispute amicably, it was just on the part of this Court to exercise
the discretion to give an end to the criminal proceedings.
3 APL497-16.odt
7. In view of the dictum given by the Hon'ble Apex Court in
the case of Narinder Singh and ors. .vs. State of Punjab and
another reported in (2014) 6 SCC 466, the application is allowed.
The first information report No. 2788/2016 registered with Police
Station Sitabuldi, Nagpur for the offences punishable under
Sections 294, 323, 504 and 506 of the Indian Penal Code is hereby
quashed and set aside.
8.
Rule made absolute in the aforesaid terms.
(V.M. Deshpande, J. ) (B.R. Gavai, J.)
...
4 APL497-16.odt
Certificate
I certify that this judgment uploaded is a true and correct
copy of original signed Judgment.
Uploaded by : R.G. Halwai, Uploaded on : 22.07.2016
Private Secretary
