Ankit S/O Deepakrao Mhaske vs State Of Mah. Thr. Pso Ps Imamwada ...
2022 Latest Caselaw 7521 Bom

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

        CRIMINAL APPLICATION (APL) NO.477 OF 2022

1.         Ankit s/o Deepakrao Mhaske,
           aged about 27 years, Occ. Service,
           R/o Jalaram Nagar, Line No.3,
           Behind Shivkrupa High School,
           Dastur Nagar, Amravati, Distt.
           Amravati - 444606                        .... APPLICANT


                             // VERSUS //


1.         State of Maharashtra
           Through Police Station Officer,
           Police Station Imamwada,
           Nagpur


2.         Dilip Panjabrao Gajbhiye,
           Aged about 60 years,
           Occu. Retired, R/o 194,
           Mahalaxmi Nagar, New Narsala
           Road, Post Hudkeshwar,
           Nagpur                               ...NON-APPLICANTS

___________________________________________________________
Mr. A.R. Deshpande, Advocate for the applicant.
Mr. S.M. Ghodeshwar, A.P.P. for the non-applicant No.1/State.
None present for non-applicant No.2.
_________________________________________________________________


           CORAM : MANISH PITALE AND G. A. SANAP, JJ.

DATE : 02.08.2022.

ORAL JUDGMENT: (Per: MANISH PITALE, J.)

1. Heard Shri A.R. Deshpande, learned counsel for the

applicant, Shri S.M. Ghodeshwar, learned APP for the non-

16 apl 477.22.odt..odt

applicant No.1/State and Shri B.Lonare, learned counsel for the

non-applicant No.2

2. Admit.

3. Heard finally by consent of learned counsel for the

parties.

4. Shri A.R.Deshpande, learned counsel appearing for

the applicant submits that the First Information Report, insofar

as the co-accused is concerned, is already quashed by this Court

on the basis of settlement, by judgment and order dated

17.03.2022.

5. It is brought to the notice of this Court that the

applicant is peon, working in the bank and the allegation against

him was that he had facilitated withdrawal of amount from the

account of non-applicant No.2-complainant at the behest of the

co-accused, who happens to be the son of non-applicant No.2-

complainant.

6. It is submitted by learned counsel appearing for the

applicant that although, the offences registered against the

accused persons, including the applicant herein, may appear to 16 apl 477.22.odt..odt

be in serious nature, but in view of the settlement between the

parties, which is manifested by contents of the affidavit filed on

behalf of non-applicant No.2 before this Court in the present

application, as per the settled position of law in the judgments of

Hon'ble Supreme Court in the case of Gian Singh Vs. State of

Punjab and another reported in (2012) 10 SCC 303 and

Narinder Singh and others Vs. State of Punjab and another

reported in (2014) 6 SCC 466, this Court may consider quashing

of First Information Report, in the facts and circumstances of the

present case.

7. Shri S.M. Ghodeshwar, learned APP has appeared for

the non-applicant No.1/State and he has relied upon the reply

filed on behalf of the said non-applicants.

8. He does not have anything say about the contents of

the affidavit of non-applicant No.2, who has stated that the

dispute is now amicable settled.

9. In view of the law laid down by the Hon'ble Supreme

Court in the aforementioned judgments, the First Information

Report of present nature can be quashed upon settlement of the

dispute between the parties because essentially the dispute 16 apl 477.22.odt..odt

appears to be of financial loss suffered by the informant-

complainant, which, with passage of time, appears to have been

made good and the parties have agreed to put an end to the

dispute among them.

10. In the present case, the applicant is merely a peon of

the bank and the dispute is already settled between co-accused

i.e. son of non-applicant No.2 and non-applicant No.2 himself. In

these circumstances, we are of opinion that no purpose would be

served if the matter goes in trial against the applicant before this

Court, as the chances of conviction are remote and bleak.

11. In view of above, the application is allowed in terms

of prayer clause (i) which reads as follows:-

"Quash and set aside the First Information Report vide Crime No.0067/2022 dated 12.02.2022 for offences punishable u/s 420, 465, 467, 468 and 471 of the Indian Penal Code registered by the Non- Applicant Police Station Officer, P.S. Imamwada, Nagpur (Annexure-A)".

12. The Criminal Application is disposed of.

                                              JUDGE                                       JUDGE
Signed By:MANISHA ALOK
SHEWALE

    manisha
Signing Date:05.08.2022 14:44