Bombay High Court
Kusum W/O. Duryodhan Matlane And ... vs The State Of Maharashtra Thr. ... on 8 November, 2017
Bench: Ravi K. Deshpande
1 jg.apl 727.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 727 of 2017
Applicants : (1) Kusum w/o Duryodhan Matlane
aged about 70 years, Occupation : Nil,
resident of Plot No. 120, Gopalkrushna
Nagar, Wathoda, Pandan Road,
Nagpur.
(2) Duryodhan s/o Sadashiv Matlane
aged about 72 years, Occupation : Nil,
resident of Plot No. 120, Gopalkrushna
Nagar, Wathoda, Pandan Road,
Nagpur.
(3) Radheshyam s/o Duryodhan Matlane
aged about 44 years,
Occupation : Private - welding work
resident of Plot No. 120, Gopalkrushna
Nagar, Wathoda, Pandan Road,
Nagpur.
// Versus //
Non Applicants :- (1) The State of Maharashtra,
through its P.S.O. Nandanwan Police
Station, Nagpur.
(2) Sau. Guddi Prakash Thakur
Aged 37 years, Occupation : Household,
resident of plot no. 801, Sanskriti
Building No. 36, 90 Feet Road,
Kandiwali East, Mumbai.
(3) Shri Sunil Sonwane, P.S.I.
Nandanwan Police Station, Nagpur.
Shri B. M. Kharkate, Advocate for the applicants
Shri N. S. Rao, Additional Public Prosecutor for the non-applicant no. 1
Shri Shaikh Sohailluddin, Advocate for the non-applicant no. 2
None for the non-applicant no. 3
.....2/-
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2 jg.apl 727.17.odt
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 8-11-2017.
JUDGMENT (Per : M. G. GIRATKAR, J.)
Rule. Rule made returnable forthwith.
2. The applicants challenged the registration of First
Information Report vide Crime No. 452/2017 by Police Station,
Nandanwan for the offences punishable under Sections 404, 420 read
with Section 34 of the Indian Penal Code on the report of the non-
applicant no. 2.
3. It is submitted that the applicant no. 1 was in need of money
for medical treatment, therefore, entered into an agreement of sale with
mother of non-applicant no. 2, who failed to get sale deed executed
within stipulated time, therefore, there was nothing wrong on the part of
applicants to sell out the property to other person. It is submitted that as
per the agreement, non-applicant no. 2 and her mother failed to get sale
deed executed within the period of two months. The applicant no. 1 is
bedridden. It is submitted that non-applicant no. 1 wrongly registered
the crime against applicants on the report of the non-applicant no. 2,
therefore, prayed to quash and set aside FIR lodged against the
applicants.
.....3/-
3 jg.apl 727.17.odt
4. Heard learned counsel for the respective parties. During the
pendency of the petition, applicants and non-applicant no. 2 settled their
dispute as per settlement dated 6-11-2017. The non-applicant no. 2
agreed to receive amount of Rs. 3,76,375/- from the applicants after
defreezing the bank account. The said account was freezed on the
request letter of the non-applicant no. 3.
5. Today, non-applicant no. 2 is present before the Court along
with her counsel. The applicants are present with their counsel. We
have specifically asked the non-applicant no. 2 about the settlement.
Then she replied that she do not want to prosecute the applicants as she
has settled the matter with the applicants as per the settlement dated
6-11-2017. The non-applicant no. 2 has stated that FIR registered
against the applicants be quashed and set aside.
6. As the matter is settled between the parties, no fruitful
purpose will be served by keeping the matter pending or prosecuting the
applicants by police. There is no chance of success by the prosecution to
prove guilt against the applicants. The non-applicant no. 2 will not
depose against the applicants in view of the settlement with the
applicants. Hence, in view of the decision of Hon'ble Supreme Court in
the case of Narinder Singh and ors. Vs. State of Punjab and anr.
.....4/-
4 jg.apl 727.17.odt
reported in (2014) 6 SCC 466 and recent decision dated 4-10-2017 in
Criminal Appeal No. 1723 of 2017 [arising out of SLP (CRL) No. 9549
of 2016] in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai
Karmur and ors. Vs. State of Gujarat and anr., we allow the criminal
application in terms of prayer clauses (1) and (2) and quash and set
aside First Information Report registered by Police Station, Nandanwan,
Nagpur vide Crime No. 452/2017 for the offences punishable under
Sections 404, 420 read with Section 34 of the Indian Penal Code against
the applicants.
7. The non-applicant no. 3 is directed to defreeze the fix deposit
account standing in the name of applicants immediately.
No order as to costs.
Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
...../-
