Shyamsunder S/O Damodhar Baheti ... vs State Of Mah. Thr. Ps Mangrulpir ...
2021 Latest Caselaw 6143 Bom

                                              1                               1-apl-377-21j-1.odt

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

               CRIMINAL APPLICATION (APL) NO. 377 OF 2021

  1. Shri Shyamsunder S/o. Damodhar Baheti,
     Proprietor of Shyambaba Trading Company,
     Aged about 54 years, Occ. Business,
     R/o. Mangrulpuir, Tah. Mangrulpir,
     Dist. Washim.

  2. Shri Shyamsunder S/o. Gulabrao Dongre,
     Aged about 52 years, Occ. Business,
     R/o. Near Lata Mangeshkar Garden,
     Surya Nagar, Nagpur.                                                . . . APPLICANTS

                         ...V E R S U S..

  State of Maharashtra through
  Police Station Mangrulpir,
  Dist. Washim.                                                    . . . NON-APPLICANT


 ------------------------------------------------------------------------------------------------
 Shri S. S. Sitani, Advocate for applicants.
 Shri T. A. Mirza, A.P. P. for non-applicant/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 06.04.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith.

3. This joint application filed by the complainant (applicant

no. 1) and accused (applicant no. 2) for quashing the First Information

Report (FIR) No. 98/2018 and consequent charge-sheet No. 171/2019

2 1-apl-377-21j-1.odt

for offence punishable under Sections 406 and 420 of the Indian Penal

Code and proceeding bearing R.C.C. No. 6/2020 pending before the

Judicial Magistrate First Class, Mangrulpir, Dist. Washim against the

applicant no. 2.

4. The FIR came to be registered against the applicant no. 2

with accusation that the applicant no. 2 has not repaid an amount of

10,94,460/- to the applicant no. 1 towards purchase price of "Toor",

though the said goods are lying in the warehouse. After the

completion of investigation, charge-sheet came to be filed against the

applicant no. 2 bearing No. 171/2019. During the pendency of the

proceeding, before the Judicial Magistrate First Class, Mangrulpir, the

applicants have mutually resolved their dispute by virtue of the

Compromise Deed dated 15.01.2021. The present application has

been sworn by the applicant no. 1, who is the complainant and the

applicant no. 2, who is accused.

5. Having carefully considered the allegations in the FIR and

material produced by the applicants in the form of charge-sheet, we

are satisfied that the allegations against the applicant no. 2 are

personal in nature. The Apex Court in the case of Madan Mohan

Abbot reported in (2008) 4 SCC 582 has taken a view that it is

advisable that in disputes where the question involved is of a purely

personal nature, the Court should originally accept the terms of

3 1-apl-377-21j-1.odt

compromise even in criminal proceeding as keeping the matter alive

with no possibility in favour of the prosecution is a luxury which

Courts, grossly over-burdened, as they are, cannot afford and that the

time so saved can be utilized in deciding more effective and

meaningful litigation.

6. In view of the above observations, we pass the following

order :-

(i) First Information Report bearing No. 98/2018 and charge-

sheet No 171/2019 for offence punishable under Sections 406 and 420

of the Indian Penal Code and proceeding of R.C.C. No. 6/2020 pending

before the Judicial Magistrate First Class, Mangrulpir, Dist. Washim

against the applicant no. 2 registered with the non-applicant-Police

Station is quashed and set aside.

(ii) The amount of 25,000/- (Rs. Twenty Five Thousand)

deposited by the applicant no. 2 with the Registry of this Court be

transferred to the following account of Office of Government Pleader :-

Saving Bank A/c No. : 129710100025875 Name of Bank : Union Bank, High Court Branch, Nagpur.

 IFSC Code                     : UBIN0812978
 Beneficiary                   : M/s. Library Committee,
                                Government Pleader, High Court,
                                Nagpur.



                                                    4                           1-apl-377-21j-1.odt

Rule is made absolute in the above terms.

                             JUDGE                                           JUDGE




RR Jaiswal