Champalal S/O Premlal Shahu And ... vs State Of Mah. Thr. Ps Bajaj Nagar ...
2021 Latest Caselaw 2882 Bom

                                                  1                Cr.APL No.229.21J

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

                CRIMINAL APPLICATION (APL) NO.229 OF 2021

  1.     Champalal S/o. Premlal Shahu,
         Aged about : 52 Years,
         Occupation : Business,
         R/o. House No.69, N.R. Primary School,
         Sindhikhana, Near S. T. Stand,
         Ganeshpeth, Nagpur.

  2.     Deepak S/o. Dattatraya Wakode,
         Aged about : 43 Years,
         Occupation : Collection Manager,
         authorized officer Kotak Mahindra
         Prime Limited (Bajaj Nagar Branch),
         Bajaj Nagar, Nagpur.                ....APPLICANTS


                                   // VERSUS //


         State of Maharashtra,
         Through Police Station Bajaj Nagar,
         District : Nagpur.                             .... NON-APPLICANT

  Shri Kaustubh Deogade, Advocate for the applicants.
  Ms. Mayuri Deshmukh, A.P.P. for the non-applicant.


                    CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.

                    DATE       :    12.02.2021.

 ORAL JUDGMENT : [PER: Z. A. HAQ, J.]


  1.                Heard.

2. Rule. Rule made returnable forthwith.

3. The accused (applicant No.1) and the informant

(applicant No.2) have jointly filed this application under Section

482 of the Code of Criminal Procedure praying that the First

Information Report registered against the applicant No.1 with the

non-applicant-Police Station for the offences punishable under

Sections 406, 420, 467, 468, 471, 472, 387, 506 and 365

of the Indian Penal Code be quashed.

4. According to the applicants, the matter is amicably

worked out and the applicant No.2 (informant) does not have any

grievance against the applicant No.1 (accused). It is stated in the

application that the applicant No.2 (informant) does not want to

pursue the matter. The application is signed by both the applicants

and is also supported by the affidavits of the accused as well as the

informant. The charge-sheet is not yet filed.

5. Considering the facts of the case, in our view, keeping

the criminal proceedings pending against the applicant No.1

(accused) will not serve any fruitful purpose and may be a futile

exercise. Hence, we deem it fit to exercise jurisdiction under

Section 482 of the Code of Criminal Procedure.

6. Hence, the following order :-

The First Information Report registered with the non-

applicant-Police Station against the applicant No.1 vide Crime

No.140/2018 for the offences punishable under Sections 406, 420,

467, 468, 471, 472, 387, 506 and 365 of the Indian Penal Code is

quashed

Rule is made absolute accordingly.

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

Only) deposited by the applicant No.1 with the Registry of this

Court be given to the Office of Government Pleader, High Court

Bench at Nagpur.

                               (AMIT B. BORKAR, J)                    (Z.A.HAQ, J)




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