Bombay High Court
Gajanan S/O Suresh Tote vs The State Of Maharashtra, Thr. ... on 8 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.884.2021-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 884 OF 2021
Gajanan S/o. Suresh Tote,
Aged about 43 years,
Occupation : Business,
R/o. 38, Darda Nagar, Yavatmal. ......APPLICANT
... VERSUS ...
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Awadhootwadi,
Yavatmal, Distt. Yavatmal.
2. Abhishek Chandrashekhar Dudhe,
Aged 44 years, Occupation : Business,
R/o. 38, Darda Nagar, Yavatmal. ......NON-APPLICANTS
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Shri R. N. Ghuge, Advocate and Shri H. D. Dangre, Advocate for the Applicant.
Shri V. A. Thakare, Additional Public Prosecutor for the Non-applicant No.1.
Shri Akshay Naik, Advocate for the Non-applicant No.2.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 08.09.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicant is challenging registration of the
First Information Report No.268/2020 dated 16.03.2020
registered with the non-applicant No.1 - Police Station for the
offences punishable under Sections 420, 467, 468 and 471 of the
Indian Penal Code.
4. The First Information Report came to be registered
against the applicant with the accusations that the applicant
forged signatures of the family members of the non-applicant No.2
and misused them for the purpose of preparing forged documents
and opening bank account in the name of a Company so that the
amount due to the non-applicant No.2 will be transfer in the name
of the applicant.
5. The applicant has therefore, challenged registration of
the First Information Report by way of present application. This
Court on 02.09.2021 directed both the parties to remain present.
Accordingly, today, the non-applicant No.2 is present personally in
the Court. The non-applicant No.2 stated that he has amicably
settled his dispute with the applicant and he has no objection to
quash Criminal Proceedings against the applicant.
6. We have carefully perused the allegations in the First
Information Report and the memorandum of understanding filed
by the non-applicant No.2 along with reply dated 07.09.2021. The
non-applicant No.2 in the said affidavit has stated that he has no
objection for setting aside the First Information Report registered
against the applicant. On careful perusal of the allegations in the
First Information Report, we are satisfied that the offences alleged
against the applicant are personal in nature. The Hon'ble Supreme
Court in the case of 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
compromise even in criminal proceeding as keeping the matter
alive with no possibility of conviction in favour of the prosecution
is a luxury which the Courts, grossly over-burdened, as they are,
cannot afford and that the time so saved can be utilized in
deciding more effective and meaningful litigation.
7. In view of the amicable settlement of dispute between
the applicant and the non-applicant No.2, there is no impediment
for quashing the First Information Report against the applicant.
8. We therefore, pass the following order :
The First Information Report No. 268/2020 dated
16.03.2020 registered with the non-applicant No.1 - Police Station
for the offences punishable under Section 420, 467, 468 and 471
of the Indian Penal Code is quashed and set aside.
9. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
