Sanjay @ Jayant S/O. Narayan ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 7584 Bom

APL  664/17                                         1                          Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
              CRIMINAL APPLICATION (APL) No. 664/2017
Sanjay @ Jayant S/o Narayan Tvaskar,
Aged about 47 years, Occ. Service,
R/o Near Vitthal Rukhmni Temple,
Gopal Nagar, Nagpur.                                                         APPLICANT

                                    .....VERSUS.....

1.    State of Maharashtra,
      Through the P.S.O. Pratap Nagar,
      Nagpur, Tq. & Dist. Nagpur.

2.    Ravikumar S/o Vishnupant Deshmukh,
      Aged about 60 years, Occ. Service,
      R/o 21, "Yashwant", Shantanu Lawn,
      Chandrapur, Tq. & Dist. Chandrapur.                                  NON-APPLICA
                                                                                       NTS

                     Shri V.S. Giramkar, counsel for the applicant.
       Shri A.M. Joshi, Additional Public Prosecutor for the non-applicant no.1.
              Shri S.N. Chichbankar, counsel for the non-applicant no.2.


                                     CORAM :SMT.VASANTI  A  NAIK AND
                                                   M.G. GIRATKAR, JJ.                

DATE : 26 TH SEPTEMBER, 2017.

ORAL JUDGMENT (PER : M.G. GIRATKAR, J.)

The criminal application is ADMITTED and heard finally at

the stage of admission with the consent of the learned counsel for the

parties.

2. By the present criminal application, the applicant has prayed

for quashing and setting aside the charge-sheet filed in Regular Criminal

Case No.1743 of 2011, pending before the Judicial Magistrate First Class,

Court No.9, Nagpur.

APL 664/17 2 Judgment

3. It is submitted on behalf of the applicant that the non-

applicant no.2 had lodged a report against the applicant due to

misunderstanding. On the report of the non-applicant no.2, the police

station officer, Police Station Pratapnagar, Nagpur registered a crime for

the offence punishable under Sections 294, 506-B, 448, 341 read with

Section 34 of the Penal Code. It is submitted that during the pendency of

the criminal proceedings, the applicant and the non-applicant no.2 have

settled their dispute amicably and all the civil and criminal cases filed

against each other are compromised. Since the offence punishable under

Section 294 of the Penal Code is not compoundable, the applicant has

approached this Court to quash and set aside the charge-sheet filed in

Regular Criminal Case No.1743 of 2011, pending before the Judicial

Magistrate First Class, Court No.9, Nagpur.

4. Today, the applicant and the non-applicant no.2 are

personally present before the Court with their respective counsel. We

have asked the complainant/non-applicant no.2 about the terms stated in

the compromise. The non-applicant no.2 has stated that the he and the

applicant have settled their disputes out of the Court and all the civil and

the criminal matters are compromised. The non-applicant no.2 has stated

that due to misunderstanding, he had lodged the report against the

applicant.

APL 664/17 3 Judgment

5. It is clear from the averments made in the application and the

answers given by the applicant and the non-applicant no.2 to the queries

made by the Court that they have settled their disputes out of Court.

Therefore, it would be necessary to quash the charge-sheet filed in

Regular Criminal Case No.1743 of 2011 by relying on the law laid down

by the Hon'ble Supreme Court in the case of Gian Singh Versus State of

Punjab, reported in (2012) 10 SCC 303 and in the case of Narinder Singh

& Others Versus State of Punjab & Another, reported in (2014) 6 SCC

466. Since the non-applicant is not ready to prosecute the matter against

the applicant, it is unlikely that the applicant would be convicted for the

offence punishable under Sections 294, 506-B, 448, 341 read with Section

34 of the Penal Code.

6. Hence, we allow the criminal application and quash the

charge-sheet / Regular Criminal Case No.1743 of 2011, pending before

the Judicial Magistrate First Class, Court No.9, Nagpur.

Order accordingly. No costs.

              JUDGE                                         JUDGE

APTE