Chandrakant Laxman Kambale vs The State Of Maharashtra And Anr
2021 Latest Caselaw 3604 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO. 2222 OF 2020

Chandrakant s/o LaxmanKambale
Age 61 years, occ. Pensioner
R/o House No. 44, Bagroja Hudco
Delhi Gate, Tq. & Dist. Ahmednagar                          Applicant

       Versus

1.     The State of Maharashtra
       Through Police Station Offcer,
       Topkhana Police Station
       Ahmednagar, Dist. Ahmednagar

2.     Santosh Bhimrao Kale
       Age 45 years, occ. Business
       R/o 619, Chitale road,
       Tq. & Dist. Ahmednagar                               Respondents

Mr. R.S. Kasar, Advocate for applicant.
Mr. A.V. Deshmukh, APP for respondent No. 1.
Mr. S.r. Zambare, Advocate for respondent No. 2.

                                 CORAM : T.V. Nalawade &
                                         M.G. Sewlikar, JJ.

                                 DATE     : 25th February, 2021.


ORAL JUDGMENT : (Per T.V. Nalawade, J.)


1.              Rule. Rule made returnable forthwith.



2.              By consent, heard both the sides for fnal disposal at




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admission stage.



3.              Present proceeding is fled for relief of quashing and

setting side CR No. 7558/2020 registered with Tophkhana Police

Station, Dist. Ahmednagar for the offence punishable under Sections

403, 406, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 465, 468

and 469 of the Indian Penal Code.



4.              During argument, learned counsel for the applicant and

learned counsel for respondent No. 2 - informant submitted that the

parties have settled the dispute.         Reply-affdavit to that effect

containing the terms of settlement is fled on record.                 It is the

contention of the informant that he gave the complaint due to

misconception and misunderstanding. He has no objection to grant

the aforesaid relief in favour of the applicant.



5.              By way of precaution, this Court had asked the learned

APP to fnd out antecedents of the applicant. The report submitted

by learned API, Tophkhana Police Station, shows that there are no

such antecedents against the applicant.       The report further shows

that one case under Section 138 of the Negotiable Instrument Act is




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fled against the applicant.



6.              In view of these circumstances and as the dispute is

settled, this Court pass the following order :-

                                      ORDER

i) Application is allowed.

ii) Relief is granted in terms of prayer clause 'B'.

iii) Rule made absolute in those terms.

( M. G. SEWLIKAR )                                ( T.V. NALAWADE )
        Judge                                             Judge

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