Balaji S/O Kashiram Ingale vs The State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 11037 Bom

                                                    1          Cri.APL No.607.21-J.odt


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

             CRIMINAL APPLICATION (APL) NO. 607 OF 2021


 Balaji S/o. Kashiram Ingale,
 Aged about 27 years, Occu. : Driver,
 R/o. Kale File Washim,
 Tq. Dt. Washim, Mob.- 8620955555.                           ......APPLICANT

                      ... VERSUS ...

 1.     State of Maharashtra,
        Through Police Station Officer,
        Karanja (City), Tq. Karanja,
        Distt. Washim.

 2.     Shrikant S/o. Ashokrao Pandit,
        Age about 30 year,
        Occu. : Agri.,
        R/o. Jaypur, Post Shaha,
        Tq. Karanja, Dt. Washim.                            ......NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri Raju Kadu, Advocate for the Applicant.
 Shri S. S. Doifode, Additional Public Prosecutor for the Non-applicant
 No.1/State.
 Shri Mahesh Rai, Advocate for Non-applicant No.2.
 -------------------------------------------------------------------------------------------
          CORAM :          V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

          DATE        :    13.08.2021.

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

 1.            Heard.

2. Rule. Rule is made returnable forthwith.

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicant is challenging registration of the

First Information Report No.247/2021 dated 09.04.2021

registered with the non-applicant no.1 - Police Station for the

offence punishable under Section 379 of the Indian Penal Code.

4. The First Information Report came to be registered

against the applicant with the accusations that on 14.01.2021, the

applicant came near bus stand, Karanja Lad and there were talks

between the applicant and the non-applicant No.2 in respect of

sale of car of non-applicant No.2. In the meantime, when the

non-applicant No.2 went for urinal, the applicant fled with the car

of the non-applicant No.2. The non-applicant No.2 therefore, filed

the First Information Report with the non-applicant No.1- Police

Station.

The applicant has challenged registration of the First

Information Report by way of filing the present application.

5. This Court on 05.07.2021 issued notice for final disposal

to the non-applicants. During pendency of the present

application, the parties have decided to settle their dispute. The

non-applicant No.2 has filed Criminal Application No.1343/2021

to place on record compromise entered into between the applicant

and non-applicant No.2. The non-applicant No.2 has placed on

record Compromise Deed dated 09.08.2021 entered into between

the applicant and the non-applicant No.2. In the said application,

the non-applicant No.2 has stated that in view of the compromise

entered into the applicant and the non-applicant No.2, the First

Information Report against the applicant deserves to be quash and

set aside.

6. Today, the non-applicant No.2 is present in the Court.

Shri Mahesh Rai, learned Advocate for the non-applicant No.2 has

identified him. He stated before the Court that he has no

objection for setting aside the First Information Report registered

against the applicant.

7. We have carefully considered the allegations in the First

Information Report. Since the applicant and the non-applicant

No.2 have settled the matter arising out of commercial transaction

of sale of car, we are satisfied that the chances of conviction are

bleak and therefore, the judgment of Hon'ble Supreme Court in

the case of Madan Mohan Abbot Vs. State of Punjab reported in

(2008) 4 SCC 582 has taken a view that it is advisable that, the

Court should ordinarily accept the terms of compromise even in

criminal proceeding as keeping the matter alive with no possibility

of conviction in favour of the prosecution is a luxury which the

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.

8. In view of the ratio laid down by the Hon'ble Supreme

Court in the case of Madan Mohan Abbot (supra) and in view of

settlement between the parties, we are satisfied that the First

Information Report No.247/2021 dated 09.04.2021 registered

with the non-applicant no.1 - Police Station against the applicant

for the offence punishable under Sections 379 of the Indian Penal

Code is quashed and set aside.

9. Rule is made absolute in the above terms.

10. In view of disposal of main application, pending

Criminal Application (APPP) No.1343/2021 does not survive and

the same stands disposed of accordingly.

                                   JUDGE                                 JUDGE



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