Ashok Pitambar Krishnani And Anr vs State Of Maharashtra Thr. P.S.O., ...
2021 Latest Caselaw 14692 Bom

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                                                  apl214 of 2019.odt


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

          Criminal Application (APL) No.214 of 2019

1.   Shri Ashok Pitambar Krishnani,
     Aged about 49 years,
     Occ. Business.

2.   Sau. Nikita Ashok Krishnani,
     Aged about 46 years,
     Occ. Housewife.

     Both R/o 301, Sai Shakti Residency-2,
     Chapru Nagar, Bagadganj, Nagpur.           ... Applicants

     Versus

1.   State of Maharashtra,
     through P.S.O. of Police Station
     Lakadganj, Dist. Nagpur.

2.   Shri Govind Nattumal Sajnani,
     Aged about 45 years,
     Occ. Business.

3.   Sau. Reshma Govind Sajnani,
     Aged about 41 years,
     Occ. Housewife.

     Both R/o Sai Shakti Residency-2,
     Chapru Nagar, Bagadganj, Nagpur.           ... Non-Applicants


Shri S.S. Sitani, Advocate for Applicants.
Shri    S.M.     Ghodeswar,     Additional  Public  Prosecutor                  for
Non-Applicant No.1- State.
Shri Hitesh J. Khandwani, Advocate for Respondent Nos.2 and 3.


        CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

DATE : 7th OCTOBER, 2021

apl214 of 2019.odt

Oral Judgment (Per V.M. Deshpande, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

2. By the present application, the applicants are challenging the

registration of the First Information Report lodged against them vide

Crime No.50 of 2019, registered with Police Station Lakadganj for the

offence punishable under Section 420 read with Section 34 of the

Indian Penal Code. The report was lodged by non-applicant Nos.2

and 3.

3. The report lodged pertains to the residential apartment.

Non-applicant No.2- complainant Govind Nattumal Sajnani is

personally present in the Court. He is identified as such by his

Advocate Shri Hitesh J. Khandwani. The complainant submitted before

the Court that he has amicably settled his dispute with the applicants

and he does not wish to proceed with his complaint. Since the

complainant himself is stating before the Court that he is not ready to

proceed with the complaint against the applicants, it would be abuse

of process of law if the proceedings are continued against the

applicants in view of the First Information Report lodged by him

against the applicants. The alleged offence is the outcome of personal

disputes between the applicants and non-applicant Nos.2 and 3.

apl214 of 2019.odt

Therefore, there will be no difficulty in accept the compromise entered

into between the applicants and non-applicant Nos.2 and 3.

4. Resultantly, we pass the following order :

First Information Report No.50 of 2019 registered with

Police Station Lakadganj, Nagpur against the applicants for the

offence punishable under Section 420 read with Section 34 of

the Indian Penal Code along with the consequent charge-sheet

filed by the Investigating Officer before the learned

Jurisdictional Magistrate is hereby quashed and set aside.

5. Rule is made absolute in the above terms.

           (AMIT B. BORKAR, J.)                                 (V.M. DESHPANDE, J.)


Lanjewar