Bombay High Court
Dr. Jesus S/O Dr. Ramesh Waghale vs The State Of Maharashtra, Thr Pso ... on 23 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 APL 186.21-3.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.186/2021
Dr. Jesus s/o Dr. Ramesh Waghale,
Aged about : 34 years, Occ.
Medical Doctor, R/o Permanent
Address : Plot No.37-A,
Raghvendra Nagar, Near Omkar
Nagar Square, Nagpur - 27,
at present Address at 245 w
Loraine st 109 Glendale
California 91202. APPLICANT
.....VERSUS.....
1. The State of Maharashtra,
Through P.S.O. P.S. Ajani,
Ajani, Nagpur.
2. Ajay S/o Bhagwan Vahane,
Aged about : 32 years, Occ. Private,
R/o At & Post : Wandliwagh,
Tahsil : Katol, District : Nagpur. NON-APPLICANTS
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Shri S. D. Zoting, Advocate for applicant.
Shri B. J. Lonare, Advocate h/f Shri D. V. Mahajan, Advocate
for non-applicant No.2.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 23/02/2021.
ORAL JUDGMENT (PER : AMIT B. BORKAR, J.)
1. By this application under Section 482 of the Code of
Criminal Procedure, the applicant has challenged registration
of the First Information Report to the extent of the applicant
2 APL 186.21-3.odt
only in Crime No.463 of 2020 registered with the
non-applicant no.1 - Police Station for offence under Section
420 of the Indian Penal Code.
2. The First Information Report came to be registered
against the applicant with the accusation that the applicant
promised the non-applicant no.2 employment in Forest
Department and received amount of Rs.7.50 lakhs from the
non-applicant no.2. The non-applicant no.2 paid the amount
of Rs.7.50 lakhs to the applicant and did not provide
employment to the non-applicant no.2 and, therefore, has
committed an offence under Section 420 of the Indian Penal
Code.
3. The applicant challenged registration of the First
Information Report by filing present application. This Court on
10.2.2021 granted permission to the applicant to deposit an
amount of Rs. Five lakhs in the Registry of this Court to show
his bonafides and the matter was listed on 12.2.2021. During
pendency of the present application, the applicant settled his
dispute with the non-applicant no.2. The non-applicant no.2
has filed affidavit dated 12.2.2021. The non-applicant no.2 in
his affidavit has stated that he has received an amount of
3 APL 186.21-3.odt
Rs.5,50,000/- towards full and final settlement of their dispute.
It is further stated that in view of the settlement between the
non-applicant no.2 and the applicant, the non-applicant no.2
does not want to prosecute the present applicant in the Crime
No.463/2020.
4. We have carefully considered the contents of the First
Information Report and the affidavit filed by the non-applicant
no.2 dated 23.2.2021. Considering the accusation in the First
Information Report, we are satisfied that the offence alleged
against the applicant is personal in nature. Therefore, in view
of the judgment of the Hon'ble Supreme Court in the case of
Narinder Singh Vs. State of Punjab reported in AIR 2014 SCW
2065, there is no impediment in quashing First Information
Report lodged against the applicant. We, therefore, pass the
following order:-
Order
(i) First Information Report No.463/2020 registered
with the non-applicant no.1 - Police Station for offence under
Section 420 read with Section 34 of the Indian Penal Code is
quashed and set aside against the applicant only.
(ii) Out of the amount of Rs. Five lakhs deposited by the
4 APL 186.21-3.odt
applicant in pursuance of the order dated 10.2.2021, an
amount of Rs. 4,75,000 shall be returned to the applicant and
remaining amount of Rs.25,000/- shall be transferred to the
account of office of the Government Pleader, Nagpur Bench,
Nagpur.
Rule is made absolute in the above terms.
Cri. Application (APPP) No.161/2021
In view of disposal of Criminal Application
No.186/2021, the application for amendment does not
survive. Hence, it is disposed.
JUDGE JUDGE
S
Ambulkar
