Bombay High Court
Gajendra S/O. Umashankar Lodhi vs State Of Maharashtra Thr. P.S.O., ... on 31 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apl102.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 102/2019
Mr. Gajendra S/o Umashankar Lodhi,
Aged about 78 years, Occ. Nil,
R/o. C/o. Khapa Wines, Shivaji Nagar,
Mahadula, Koradi, Dist. Nagpur
.... APPLICANT
// VERSUS //
1] State of Maharashtra,
Through Police Station Officer,
Police Station Ajni, Nagpur
2] Priya W/o Bhupendra Borkar,
Aged about 25 years, Occ.
R/o. Plot No. 64, Near Rameshwari
Bus Stop, Parvati Nagar, Nagpur
3] Pooja Ashok Pardeshi (Jaiswal),
Aged about 35 years, Occ. Business
R/o. Balaji Nagar, Nagpur
R - 3 deleted as per Court's order dated
28/08/2019.
4] Pawan Ashok Jaiswal,
Aged about 30 years, Occ. Business
R/o. Balaji Nagar, Nagpur
5] Kapildeo S/o Narayan Prasad,
Aged about 59 years, Occ. Business
R/o. Balaji Nagar, Nagpur
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Judgment 2 apl102.19.odt
6] Sanjay Jaiswal,
Aged about 58 years, Occ. Business
R/o. Balaji Nagar, Nagpur
R - 4, 5, 6 deleted as per Court's
order dated 10/04/2019
7] Ravindra Umashankar Lodhi,
Aged about 37 years, Occ. Business
R/o. Rameshwari Bus Stop,
Parvati Nagar, Nagpur
R-7 deleted as per Court's order
dated 28/08/2019
8] Babubhai @ Babu Chhapri,
Aged about 53 years, Occ. Business
R/o. Taj Bagh, Nagpur
Presently Residing C/o. Mr. Jaiswal,
Balaji Nagar, Nagpur
R - 8 deleted as per Court's order
dated 10/04/2019
.... NON-APPLICANT(S)
*******************************************************************
Shri S. Kadam, Adv h/f Shri R.R. Vyas, Adv for the applicant
Shri S.S. Doifode, APP for the non-applicant/State
Shri A.K. Tripathi, Advocate for the non-applicant no. 2
*******************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
AUGUST 31, 2021
CRIMINAL APPLICATION (APPP) NO. 1461/2021
1] For the reasons stated in the application, the applicant is
permitted to incorporate the proposed amendment in the application.
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Judgment 3 apl102.19.odt
2] The criminal application is allowed accordingly.
CRIMINAL APPLICATION (APL) NO. 102/2019
ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.)
3] Heard.
4] RULE. Rule made returnable forthwith.
5] By this application under Section 482 of the Code of
Criminal Procedure, the applicant is challenging the order 10/01/2019
passed in Misc. Criminal Application No. 3304/2018 by the Additional
Chief Judicial Magistrate, Nagpur and also consequent F.I.R.
No. 43/2019 for the offences punishable under Sections 420, 467, 448,
147, 149, 506 & 34 of the Indian Penal Code registered with the non-
applicant no. 1 - Police Station.
6] The non-applicant no. 2 had filed Misc. Criminal
Application No. 3304/2018 for registration of the offences under
Sections 420, 467, 448, 147, 149, 506 & 34 of the Indian Penal Code by
initiating enquiry under Section 156(3) of the Code of Criminal
Procedure. Learned Additional Chief Judicial Magistrate, Nagpur by the
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Judgment 4 apl102.19.odt
order dated 10/01/2019 directed the non-applicant no. 1 - Police Station
to register the first information report under Section 156(3) of the Code
of Criminal Procedure against the applicant and others. The applicant has
therefore filed the present application challenging the order dated
10/01/2019 passed by the learned Additional Chief Judicial Magistrate,
Nagpur directing enquiry under Section 156(3) of the Code of Criminal
Procedure.
7] This Court on 31/01/2019 issued notices to the non-
applicants and directed the Investigating Agency not to take coercive
steps against the applicant. The non-applicant no. 1 - Investigating
Agency filed its reply stating that there is sufficient material against the
applicant available with them.
8] It appears that on 29/01/2019 itself, the first information
report came to be registered against the applicant and others. The
applicant is accused no. 5 in the said first information report. The
applicant had filed Criminal Application (APPP) No. 1461/2021 to
amend the present application to incorporate challenge to registration of
the F.I.R. No. 43/2019. The said application is allowed.
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Judgment 5 apl102.19.odt
9] Today, the non-applicant no. 2 is present in the Court. She
has filed affidavit stating that she has no objection if the order dated
10/01/2019 directing enquiry under Section 156(3) of the Code of
Criminal Procedure against the applicant is quashed and set aside. She
reiterated the said fact personally in the Court also.
10] We have carefully considered the allegations in the first
information report. On perusal of the allegations, it appears that the
offences alleged against the applicant are personal in nature. The 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 in
disputes where the question involved is purely of a personal nature, the
Court should originally accept the terms of 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.
11] In view of the ratio laid down by the Hon'ble Apex Court in
the case of Madan Mohan Abbot (supra) and in view of the settlement
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Judgment 6 apl102.19.odt
between the parties, we are satisfied that the order directing enquiry
under Section 156(3) of the Code of Criminal Procedure and consequent
F.I.R. No. 43/2019 against the applicant deserve to be quashed and set
aside.
12] Hence, the following order:-
The order dated 10/01/2019 passed by the learned
Additional Chief Judicial Magistrate, Nagpur in Misc.
Criminal Application No. 3304/2018 and consequent F.I.R.
No. 43/2019 against the applicant for the offences
punishable under Sections 420, 467, 448, 147, 149, 506 &
34 of the Indian Penal Code are quashed and set aside.
Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
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