Bombay High Court
Jagdish S/O Krushnarao Harde vs State Of Maharashtra, Through Ps ... on 11 March, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 APL782.15 & 370.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO.782 OF 2015
WITH
CRIMINAL APPLICATION (APL) NO.370 OF 2016
CRIMINAL APPLICATION (APL) NO. 782 OF 2015
Jagdish s/o. Krushnarao Harde,
Age - 40 years, Occupation-Business,
R/o. Jogithana Peth, Tahsil Umrer,
District - Nagpur. . . . APPELLANT
...V E R S U S..
1. State of Maharashtra,
Through PS Umrer, Dist.-Nagpur.
2. Jitesh s/o. Atmaram Upadhye,
Age - 32 years, Occupation - Business,
R/o. Mangalwari Peth, Tahsil- Umrer, . . . NON-APPLICANTS
District - Nagpur.
WITH
CRIMINAL APPLICATION (APL) NO. 370 OF 2016
Jitesh s/o. Atmaramji Upadhyay,
aged about 34 years, Occ:- Business,
R/o. Mangalwari Peth, Umrer,
Tahsil Umrer, District - Nagpur. . . . APPELLANT
...V E R S U S..
1. The State of Maharashtra, through PSO,
Police Station, Umrer, District Nagpur.
2. Jagdish s/o. Krushnaji Harde,
aged about 40 years, Occ.:-Business,
R/o. Jogi Thana Peth, Umred, . . . NON-APPLICANTS
District Nagpur.
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2 APL782.15 & 370.16.odt
In Criminal Application (APL) No.782/2015.
Shri N. D. Dawdah, Advocate h/f. Shri Amol M. Jaltare, Advocate for
the applicant.
Shri S. D. Sirpurkar, A.P.P. for the non-applicant No.1.
In Criminal Application (APL) No.370/2016.
Shri N. S. Khandewale, Advocate for the applicant.
Shri S. D. Sirpurkar, A.P.P. for the non-applicant No.1.
....
CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 11.03.2021
ORAL JUDGMENT (Per Amit B. Borkar, J)
1. By these applications under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of the
First Information Report Nos.116/2015 and 117/2015 dated 2.9.2015
registered under Section 420 of the Indian Penal Code.
2. The First Information Reports came to be registered
against the applicants with the accusations that the non-applicant no.1
wanted to sell his 4-wheeler vehicle and therefore, approached the
applicants. It was alleged that the agreed consideration was of
Rs.6,50,000/-. It is alleged that though the cheques were handed over
to the non-applicant no.2 by way of consideration for sale of the
vehicle, the cheques were dishonoured and, therefore, the non-
applicant no.2 registered offence punishable under Section 420 of the
Indian Penal Code against the applicants. The applicants have
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therefore, filed present applications by challenging registration of the
First Information Reports.
3. During pendency of the present applications, the applicants
and the non-applicant no.2 have arrived at settlement. The applicants
on 8.3.2021 have filed Criminal Application (APPP) Nos.538/2021
and 539/2021, wherein it is stated that for maintaining good relations
in the village, the applicants and the non-applicant no.2 have amicably
resolved their dispute. Copy of memorandum of understanding signed
by the applicants and the non-applicant no.2 is annexed to the
applications wherein it is stated by the non-applicant no.2 that he has
no grievance against the applicants.
4. We have carefully considered the allegations in the First
Information Reports. From the allegations in the First Information
Reports, it appears that offences alleged against the applicants are of a
purely personal nature. The Apex Court 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 of a purely
personal nature, the Court should ordinarily accept the terms of the
compromise even in criminal proceedings since keeping the matter
alive with no possibility of a result in favour of the prosecution is a
luxury which the Courts, grossly overburdened as they are, cannot
afford and that the time so saved can be utilised in deciding more
effective and meaningful litigation.
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5. In view of the above ratio of the Apex Court, there is no
impediment in quashing the First Information Reports against the
applicants. We, therefore, pass the following order:
ORDER
(i) First Information Report Nos.116/2015 and 117/2015 dated
2.9.2015 registered with the non-applicant no.1 - Police Station
against the applicants for offences punishable under Section 420 of
the Indian Penal Code are quashed and set aside.
(ii) The applicants have deposited an amount of Rs. 10,000/-
with the Registry of this Court towards the costs to compensate
Investigating Agency for investigation carried out by them. The said
amount be transferred to the Office of the Government Pleader in the
Saving Bank Accounts, details of which are given below, which shall
be utlised for installation of Video Conferencing facility in the office
of the Government Pleader :
Saving Bank A/c No. : 129710100025875
Name of Bank : Union Bank, High Court Branch,
Nagpur.
IFSC Code : UBIN 0812978
Beneficiary : M/s. Library Committee, Government
Pleader, High Court, Nagpur.
Rule is made absolute in the above terms.
5 APL782.15 & 370.16.odt
Cri.Appln.No.1302/2020 in Criminal Appln. (APL)No.782/2015 & Cri.
Appln.(APL)No.1299/2020 in Criminal Appln. No.370/2016.
In view of disposal of Criminal Applications (APL)Nos.
782/2015 & 370/2016, the applications for permission to file the
Charge-sheets against the applicants do not survive. Hence, they are
disposed.
JUDGE JUDGE
Ambulkar
