Bombay High Court
Smt. Sangita W/O Sanjay Bansod And ... vs State Of Maharashtra, Through ... on 14 March, 2016
Bench: B.R. Gavai
53-APL-278-15 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.278 OF 2015
1. Sangita w/o Sanjay Bansod,
Aged about 45 years, Occ. Doctor,
2. Dr Sanjay s/o Jiyalal Bansod,
Aged about 46 years, Occ. Doctor,
Both R/o Bansod Nursing Home,
Bhojapur Road, Takiya Ward,
Bhandara.
ig ... Applicants.
-vs-
1. State of Maharashtra,
Through Police Station Bhandara.
2. Swati w/o Prashant Madame
@ Swati d/o Ravikant Bhowate,
Aged about 31 years, Occ. Service,
R/o Kasturba Gandhi Ward,
Near Gokhale Work Shop, NH-6,
Bhandara. ... Respondents.
Shri K. S. Motwani, counsel for applicants.
Shri N. R. Tripathi, APP for respondent No.1/State.
Shri S. V. Sirpurkar, counsel for respondent No.2.
CORAM : B. R. GAVAI &
A.S.CHANDURKAR JJ.
DATE : MARCH 14, 2016
Oral Judgment : (As per B.R. Gavai, J.)
Rule. Rule made returnable forthwith. Heard finally with
consent of learned counsel for the parties.
53-APL-278-15 2/3
2. The applicants have approached this Court praying for quashing
and setting aside an F.I.R bearing No.343 of 2014 for offence under Sections
354, 454, 380, 406 R/w 34 of the Indian Penal Code.
3. It appears that the present applicants are medical practitioners by
profession and they are running a Nursing Home at Bhandara. It appears
that there is facility of medical store provided in the Nursing Home. It
appears that a dispute arose between the applicants and the non-appilcant
No.2 with regard to the said facility of medical store. It appears that it is the
contention of the applicants that non-applicant No.2 was employed in the
said medical store, whereas it is the contention of respondent No.2 that she
was given the premises in the Nursing Home to run the medical shop. It
appears that out of the said dispute, an F.I.R came to be lodged by the non-
applicant No.2 against the present applicants. This Court had directed the
issue to be referred to the mediation. Accordingly the matter was referred to
the mediation of learned Ad-hoc District Judge-1, Bhandara. The mediation
has been successful. The learned Mediator has submitted his report dated
02/03/2016 along with the agreement arrived at between the parties.
4. From the perusal of the agreement, it appears that the dispute has
been amicably settled between the parties. The report of the Mediator shows
there exists no dispute between the parties. The Apex Court in the case of
53-APL-278-15 3/3
Madanmohan Abbot vs. State of Punjab (2008) 4 SCC 582 has held that
when the parties have settled the dispute amongst themselves and when the
dispute is purely of a private nature and no public law is involved, the
criminal proceedings between the parties should be put to an end. In the
present case, it appears that the dispute is basically civil in nature and out of
misunderstanding the FIR in question came to be lodged. In any case, the
parties who are residing at Bhandara, in order to maintain peace and
harmony, have decided to give an end to the criminal proceedings. The
present case is a fit case for giving an end to the criminal proceedings in as
much as no element of public law is involved.
Rule is therefore made absolute in terms of prayer clause (a). No
order as to costs.
JUDGE JUDGE
Asmita
