Shoukat Chand Mulla vs State Of Mah. Thr. Pso Ps Tiroda ...
2022 Latest Caselaw 12170 Bom

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


         CRIMINAL APPLICATION (APL) NO.1533 OF 2022



Shoukat Chand Mulla,
age 58 years, occupation : business,
r/o Plot No.102, 103, Gosiya
Housing Society, in front of
Parveen Kabadi, Tajbagh, Nagpur.                     ...   Applicant

             - Versus -
1)   State of Maharashtra, through
     Police Station Officer, Police Station,
     Tiroda, District Gondia.

2)   Sunilkumar Somaji Tidke,
     age 47 years, occupation : building
     material supplier, r/o Adarsh
     Colony, B.M. Patel Ward,
     Gondia, District Gondia.                  ...     Non-applicants
             -----------------
Shri N.R. Tekade, Advocate for applicant.
Shri I.J. Damle, Additional Public Prosecutor for non-applicant no.1.
Shri J.B. Gandhi, Advocate for non-applicant no.2.
             ----------------



                                 CORAM : SUNIL B. SHUKRE AND
                                         M.W. CHANDWANI, JJ.

DATED : NOVEMBER 25, 2022 2 apl1533.22

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Rule. Rule is made returnable forthwith. Heard finally

with the consent of the learned Counsel for the parties.

2) We have perused the first information report and out of

Court settlement amicably reached between applicant, who is an

accused in Crime No.1001/2022 registered at Police Station, Tiroda

on the basis of the complaint lodged by the non-applicant no.2.

3) On going through the allegations in the first information

report and also the terms of the settlement between these two

persons, we are of the opinion that the dispute underlying the first

information report is of private nature and, therefore, this case

would be covered by the parameters of Narinder Singh and others

vs. State of Punjab and another {(2014) 6 SCC 466}.

4) The applicant and the non-applicant no.2 both are

personally present in the Court and they are identified by their

respective Counsel. They endorse to the terms of settlement between

them (Annexure P-2 page 15) and further state that the settlement

has been reached between them voluntarily.

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                              5)          In view of above, the criminal application is allowed in

terms of its prayer clause (A), which reads as follows :

"A] quash and set aside the First Information Report dated 19.9.2022 registered by non-applicant no.1 Police Station vide Crime No.1001/2022 against the applicant in view of the fact that parties have settled their disputes amicably and in the interest of justice.

6) Rule is made absolute in the above terms. No costs.

                                       JUDGE                                             JUDGE




                              khj




Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:25.11.2022 17:52