Smita Tarachand Bagde And Another vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 3138 Bom

                                                             8 apl 255.21.jud.odt
                                              1/3



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

              CRIMINAL APPLICATION (APL) NO.255 of 2021



  1.              Smita Tarachand Bagde,
                  Aged about 37 years,
                  R/o 140, Baba Dipsingh Nagar,
                  Nari Road, Nagpur

  2.              Prashant s/o Anandrao Gaikwad,
                  Aged about 35 years, Occ: Private,
                  R/o Plot No.210, Near Durga Mata
                  Mandir, Sanyal Nagar, Kamptee Road,
                  Nagpur                                       ....APPLICANTS


                                      // VERSUS //


  1.              The State of Maharashtra,
                  Through Police Station Officer,
                  Police Station Jaripatka, Nagpur City     .... NON-APPLICANT

  Shri R.R. Prajapati, Advocate for the applicants.
  Shri T.A.Mirza, APP for the non-applicant/State.
  ___________________________________________________________________

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

DATE : 17.02.2021.

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

1. Heard. Rule. Rule made returnable forthwith.

2. The accused (applicant No.2) and the informant

(applicant No.1) have jointly filed this application under Section

8 apl 255.21.jud.odt

482 of the Code of Criminal Procedure praying that the First

Information Report No. 1332/2019 dated 6 th December 2019

registered against the applicant No.2-accused with the non-

applicant No.1-Police Station for the offences punishable under

Sections 420 and 34 of the Indian Penal Code be quashed.

3. According to the applicants, the matter is amicably

worked out between them and the applicant No.1-informant

does not have any grievance against the applicant No.2-accused.

It is further stated that the applicant No.1-informant does not

want to pursue the matter. The Criminal Application is

supported by affidavit of the applicant No.1-informant.

4. Considering the facts of the case, we are of the view

that keeping the criminal proceedings pending against the

applicant No.2-accused will not serve any fruitful purpose.

5. Hence we pass the following order:-

The First Information Report No.1332/2019

registered against the applicant No.2-accused with the non-

applicant No.1-Police Station is quashed.

8 apl 255.21.jud.odt

Rule is made absolute accordingly.

6. The amount of Rs.20,000/- deposited by the applicant

No.2-accused with the Registry of this Court as per the order

dated 12th February 2021 be given to the Office of Government

Pleader, High Court of Bombay, Nagpur Bench, Nagpur.

                           JUDGE                             JUDGE
manisha