Chetan S/O. Rajendra Bhende And ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 1959 Bom

                                               1              apl196.198.17.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

              CRIMINAL APPLICATION (APL) NO.196/2017

 1. Shriram s/o Ranjeet Joshi,
    aged about 35 years, Occ. Private,
    r/o Plot No. 83, Bharat Nagar, 
    Amravati Road, Nagpur.

 2. Chetan s/o Rajendra Bhende,
    aged 21 years, Occ. Private, 
    r/o Plto No. 6, Bharat Nagar,
    Amravati Road, Nagpur                           .....APPLICANTS

                               ...V E R S U S...

      State of Maharashtra, through
      PSO Ambazari, Nagpur.                         ...NON APPLICANTS

                               AND
              CRIMINAL APPLICATION (APL) NO.198/2017

 1. Chetan s/o Rajendra Bhende,
    aged 21 years, Occ. Private,
    r/o Plot No. 6, Bharat Nagar,
    Amravati Road, Nagpur.

 2. Shriram s/o Ranjeet Joshi,
    aged about 35 years, Occ. Private,
    r/o Plot No. 83, Bharat Nagar, 
    Amravati Road, Nagpur.

 3. Chetan s/o Rajendra Bhende,
    aged 21 years, Occ. Private, 
    r/o Plto No. 6, Bharat Nagar,
    Amravati Road, Nagpur                           ...APPLICANTS

                               ...V E R S U S...

      State of Maharashtra, through
      PSO Ambazari, Nagpur.                         ...NON APPLICANT




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 Mr. R. R. Prajapati, Advocate for applicants.
 Mr. M. J. Khan, A.P.P. for non applicant.
 -------------------------------------------------------------------------------------------
                               CORAM:-  B. P. DHARMADHIKARI AND
                                              V. M. DESHPANDE, JJ.

DATED :- APRIL 24, 2017

ORAL JUDGMENT (Per : V. M. Deshpande, J.)

1. The applicant no.1 in Criminal Application

No.196/2017 is the complainant in FIR No.325/2015 and

applicant no.2 in the said criminal application is joined as accused.

Whereas in Criminal Application No. 198/2017, the applicant no.1

is the complainant in FIR No. 326/2015 and applicant nos. 2 and

3 in the said application are joined as accused in FIR

No.326/2016.

2. All the applicants are present today in the court. Their

learned counsel has identified them. According to the application

under Section 482 of the Code of Criminal Procedure, the

complainant in both the FIRs have stated on oath that due to the

misunderstanding the FIR is lodged against the accused persons

who are shown as accused in the respective FIRs. He submitted

that this Court should quash the FIR.

3 apl196.198.17.odt

3. Mr. M.J. Khan, the learned A.P.P. for the non applicant-

State submits that he wants time to filer reply.

4. We have gone through the contents of the applications

and also heard the learned counsel for the applicants. From a

reading of the FIR, it is clear that no public element is involved

and it is a dispute between the applicants amongst themselves.

Since, the complainants, who are applicants before this court, state

that they have already reached to the amicable settlement, there is

no possibility of the matter being taken to its logical end.

5. In that view of the matter and in view of the law laid

down by the Hon'ble Apex Court in the matter of Narinder Singh

& Ors vs State Of Punjab & Anr reported in (2014) 6 SCC 466,

the applications are allowed. FIR Nos. 325/2015 and 326/2015,

registered with Police Station, Ambazari, Nagpur and charge-sheet

Nos. 96/2016 and 98/2016 are quashed.

The applications stand disposed of accordingly.

(V. M. Deshpande, J.) (B. P. Dharmadhikari, J.)

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