Bombay High Court
Rohit S/O Ghanshyam Patel And 3 ... vs The State Of Maharashtra, Thr. ... on 29 October, 2021
Bench: M.S. Sonak, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION NO.1060 OF 2021
1. Shri Rohit S/o Ghanshyam Patel,
Aged about 28 years, Occ- Business,
R/o Plot No.13 Krishna Niwas Bhandara Road,
Near Railway Crossing, Jalaram Nagar,
Nagpur.
2. Shri Rahul s/o Gajanan Bavankude,
Aged about 29 years, Occ: Service,
R/o Plot No.592 Kalamna Market Road,
Bharat Nagar, Gokul Deary, Nagpur.
3. Shri Salim Khalil Ahmed Rathod,
Aged about 40 years, Occ: Service,
R/o Plot No.1/c, Bharatwada Road,
Near Balaji Treading Gulmohar Nagar
Chowk, Nagpur-4400035.
4. Shri Dyaneshwar Ramsing Hanwate,
Aged about 35 years, Occ: Service,
Plot No.329 Near Mata Mandir
Bharat Nagar, Kalamna,
Nagpur-440035.
.....APPLICANTS
...V E R S U S...
1. State of Maharashtra,
Through Officer In-charge of Police
Station, Kalmana, Nagpur,
District Nagpur.
2. Shri Tarachand s/o Godabaji Moratkar,
Aged about 51 years,
R/o No.125, Mansi Layout,
Opposite H.P. Gas Godown, Bharatwad,
Nagpur.
....NON-APPLICANTS
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Shri H.R. Gadhia, Advocate h/f Shri S.A. Fuladi, Advocate for applicants.
Shri V.A. Thakare, Additional Public Prosecutor for non-applicant no.1/State.
Shri Lalit B. Patel, Advocate for non-applicant no.2.
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CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ.
DATE :- 29th OCTOBER, 2021
JUDGMENT (PER : PUSHPA V. GANEDIWALA, J.)
Heard. Admit.
2. Shri V.A. Thakare, learned Additional Public
Prosecutor waives service of notice on behalf of non-applicant
no.1/State and Shri Lalit Patel, learned counsel waives service of
notice on behalf of non-applicant no.2.
3. This is an application under Section 482 of the Code
of Criminal Procedure for quashing of First Information Report
No.0846 of 2020 dated 11.11.2021 registered at Police Station,
Kalmna, Nagpur for the offence punishable under Section 295
read with Section 34 of the Indian Penal Code.
4. Learned counsel for applicants and non-applicant
no.2 submit that the matter has been settled between the parties.
The applicant and non-applicant no.2 are personally present
before this Court. Learned counsel for the parties acknowledged
their identity. In order to satisfy ourselves, we have personally
talked with the non-applicant no.2. The terms of the settlement
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are placed on record. They have decided to maintain peace and
harmony, and non-applicant no.2 has decided to withdraw entire
allegations leveled against the applicants herein.
5. Having regard to the nature of the crime so also the
ratio laid down in Narinder Singh and others Vs. State of Punjab
and another reported in (2014) 6 SCC 466, we are of the
considered view that continuing of the criminal proceedings
against the applicants would be an abuse of process of law. Hence,
we are inclined to quash the First Information Report No.0846 of
2020 . Consequently, we pass the following order:
ORDER
First Information Report No.0846 of 2020 registered at
Police Station, Kalmana, Nagpur for the offences punishable
under Section 295 read with Section 34 of the Indian Penal
Code is hereby quashed, subject to payment of costs of
Rs.20,000/- by the applicants, payable to the High Court
Legal Services Sub-Committee, Nagpur, within a period of
four weeks.
The application stands disposed of.
(Pushpa V. Ganediwala, J.) (M.S.Digitally
Sonak, J.)
signed by:SURESH
Wagh RAOSAHEB WAGH
Signing Date:30.10.2021
15:56
