Punamchand S/O. Ramnarayan Rathi ... vs The State Of Maharashtra And Anr
2017 Latest Caselaw 2087 Bom

                               1                                 Cri.A-1526-17


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

           CRIMINAL APPLICATION NO. 1526                OF 2017

 1.       Punamchand Ramnarayan Rathi,
          Age: 71 years, Occu. Business,
          R/o 15, Noormal Lohiya Lane,
          Kolkata (West Bengal)

 2.       Bhawarsinh Mulsinh Rathod,
          Age: 50 years, Occu. Business,
          R/o : 15, Noormal Lohiya Lane,
          Kolkata (West Bengal)

 3.       Nandkishore s/o Nanuram Jhanwar,
          Age: 60 years, occu. Business,
          R/o : 15, Noormal Lohiya Lane,
          Kolkata, ( West Bengal)                       ...APPLICANTS
                                                          [Ori. Accused]

          versus

 1.       The State of Maharashtra,
          Through Police Station Officer,
          Kranti Chowk Police Station,
          Aurangabad, District- Aurangabad.

 2.       Deelip S/o Nanakaram Paraswani,
          Age: 45 yrs. Occ.: Business, ,
          R/o: Suraksh Sarees,
          Paithan Gate, Aurangabad
          Distr. Aurangabad.                        ...RESPONDENTS
                                             [No. 2 Ori. Complainant ]

                                 .....
 Mr. Swapnil Rathi, Advocate for applicants
 Mr. K.D. Munde, APP for Respondent state
 Mr. S.J. Jain, Advocate for respondent No. 2
                                       ...

                                   CORAM :   S.S. SHINDE AND
                                             K.K. SONAWANE, JJ.

DATED : 28th APRIL, 2017.

2 Cri.A-1526-17

ORAL JUDGMENT :- [ Per: S.S. SHINDE, J.]

1. Rule. Rule made returnable forthwith. Heard finally, with

consent of the parties.

2. The learned counsel appearing for respondent No. 2 -

original complainant invites our attention to the paragraph No. 5

of the affidavit in-reply filed on behalf of respondent No. 2 and

submits that applicants No. 1 to 3 and respondent No. 2 have

decided to amicably settle all the matters pending before the

Courts and Tribunal at Kolkata and at Aurangabad out of the

Court. They have decided to support to each other for disposing

of all the matters. Therefore, he has no objection for quashing

the first information report bearing crime No. 0098 of 2017

registered with Kranti Chowk Police Station, Aurangabad for the

offences punishable under sections 420, 409, 467, 468, 471,

474, 120-B read with section 34 of the Indian Penal Code.

3. Today, respondent No. 2 is present in the Court hall. He is

identified by the learned counsel appearing on his behalf. On

interaction with him, he stated that he has filed affidavit in-reply

and averments in the said affidavit in-reply is his voluntary act.

The parties have entered into compromise amicably and without

any coercion. He has no objection to quash and set aside the

impugned FIR.

3 Cri.A-1526-17

4. The learned counsel appearing for respondent No. 2, on

instructions, undertakes that respondent No. 2 is ready to deposit

Rs.10,000/-(Rupees Ten Thousand) towards costs in the Registry

of this Court on or before 4th May, 2017.

5. Upon careful perusal of the averments in the petition,

affidavit in-reply filed by respondent No. 2 - original complainant

and also considering the submissions of both sides and keeping

in view the exposition of law in the case of Gian Singh Vs State

of Punjab and another reported in (2012) 10 SCC 303,

continuation of further proceedings would be abuse of process of

law. In that view of the matter, we deem it appropriate to allow

the application. Accordingly, we allow the application in terms of

prayer clause "C". Hence, we pass the following order:

(i) The application is allowed in terms of prayer

clause "C" subject to deposit of Rs.10,000/- (Rupees

Ten Thousand) by respondent No. 2 on or before 4 th

May, 2017 in the Registry.

(ii) After depositing the amount of Rs. 10,000/-

(Rupees Ten Thousand), the same shall be given to

the Government Child Care / Shelter Home,

Government of Maharashtra, Paithan, Tahsil Paithan,

District Aurangabad to utilize the same for welfare of

4 Cri.A-1526-17

inmates of the Shelter Home.

(iii) This order will take effect after depositing the

amount of costs.

6. The application is allowed in above terms. Rule is made

absolute accordingly.

              Sd/-                                     Sd/-
       [ K. K. SONAWANE, J. ]                 [ S.S. SHINDE, J.]




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