Bombay High Court
Satvansingh S/O. Harbansingh Jambe ... vs State Of Mah. Thr. Pso, Ps Kanhan, Tq. ... on 12 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17267-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1471 OF 2023 AND
CRIMINAL APPLICATION NO. 1389 OF 2023
CRIMINAL APPLICATION (APL) NO. 1471 OF 2023
1. Satvansingh s/o Harbansingh Jambe,
aged about 53 years, Occ. Business, R/o
Kamptee Colliery No.4, Dafai Jhula at
Tekdi, Tq. Parshioni & Dist. Nagpur -
441 404 (Son of Complainant)
2. Dilbagsingh s/o Satvansingh Jambe,
aged about 23 years, Occ.: Business, R/o
Kamptee Colliery No. 4, Dafai Jhula at
Tekdi, Tq. Parshioni & Dist. Nagpur 441
404
3. Govindsingh s/o Harbansingh Jambe,
aged about 45 years, Occ. : Labour, R/o
Kamptee Colliery No.6, Infront Indian
Bank at Tekdi, Tq. Parshioni, District
Nagpur - 441 404 (Son of complainant)
4. Chandansingh s/o Tarasomgj Jambe,
Aged about 41 years, Occ.: Labour, r/o
M-24, 110, New Tekadi Colony, Tekadi
Tq. Parshioni & Dist. Nagpur - 441 404
(Cousin Nephew of Complainant)
... APPLICANTS
VERSUS
1. State of Maharashtra, through Police
2
Station Officer, Police Station,
Kanhan, Tq. Nagpur Gramin &
District Nagpur
2. Harbansingh s/o Harramsingh
Jambe, Aged about 83 years, Occ. :
Labour, R/o Kamptee Colliery at
Tekdi, Tq. Parshioni & District
Nagpur- 441 404
... NON-APPLICANTS.
AND
CRIMINAL APPLICATION (APL) NO. 1389 OF 2023
Roshan s/o Padmakar Tayde, aged about
39 years, Occ.: Business, R/o Water
Tank, Inder Colliery No.6, Tq. Parshivni
& Dist. Nagpur - 441 404 (accused
No.5)
... APPLICANT
VERSUS
1. State of Maharashtra, Through Police
Station Officer, Police Station,
Kanhan, Tq. Nagpur Gramin &
District Nagpur
2. Harbansingh s/o Harramsingh
Jambe, Aged about 83 years, Occ. :
Labour, R/o Kamptee Colliery at
Tekdi, Tq. Parshioni & District
Nagpur- 441 404 (Complainant)
_____________________________________________________________
Criminal Application No.1471/2023.
Shri S.R. Jaiswal, Advocate for the applicants.
Shri Badar, Addl.P.P. for the State.
Shri V.R. Thote, Advocate for non-applicant no.2.
3
Criminal Application No.1389/2023.
Shri P.R. Agrawal, Advocate for the applicant.
Shri Doifode, Addl.P.P. for the State.
Shri V.R. Thote, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 12.12.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. Both the applications are arising out of crime No.457 of
2023 registered with the Kanhan Police Station, Nagpur Rural for the
offence punishable under Sections 120-B, 420, 467, 468, 471 of the
Indian Penal Code, therefore for the sake of convenience, they are
taken together for disposal by consent of learned Counsel appearing for
the parties. Initially, the applications were filed for quashing on merits
however the matter is settled hence quashing is sought on account of
settlement.
3. The informant is the father whilst applicant nos.1 and 3 (in
Criminal Application No.1471/2023) are his sons and applicant no.2 is
his grandson. Likewise, applicant no.4 is the nephew of the informant
whilst sole applicant of Criminal Application No.1389/2023 is a
stranger purchaser.
4. It is the prosecution case that the informant father has
purchased a piece of land in the year 2000 from his own funds.
However, he has purchased the land in the name of his two sons i.e.
applicant no.1 Satvansingh Jambe and applicant no.3 Govindsingh
Jambe. The land was purchased in the name of two sons in trust and
with a hope that both sons would look-after him during old age. It is
alleged that both sons have partitioned the land and then applicant
no.3 Govindsingh Jambe has also eliminated his portion in favour of
applicant Roshan Tayde in the year 2016. The entire land was acquired
for a project undertaken by the Coal Bearing Area (Acquisition and
Development) Act 1956. The Acquiring Body has paid compensation to
the applicant Satvansingh as well as employment was offered. It is the
informant's case that behind his back his both sons have fraudulently
mutated their name and enjoyed the benefits and thus, the offence.
Moreover, it is submitted that the applicants have forged the receipt
showing that the compensation amount has been received by the
informant.
5. It is a transaction between father and his two sons. During
the pendency, the parties have settled the dispute as it was initially the
family affair. The informant has filed an affidavit that applicant nos. 1,
2 and 4 have handed over the cheque of Rs.5,00,000/- whilst applicant
no.3 has handed over the bankers cheque of Rs.1,50,000/- towards the
settlement. On the basis of such payment, the informant has settled the
matter and by filing an affidavit gave his no objection to quash the
proceedings. The informant is present before the Court, who is
identified by his Advocate Shri V.R. Thote. The informant is
accompanied by his another son namely Charanjit Singh. The informant
agreed about the settlement affidavits filed in the proceedings and
stated about his no objection to quash the prosecution.
6. Today, both cheques were handed over to the informant.
The applicant nos.1 to 4 are present before the Court who have assured
to honour both cheques. It reveals that there was internal family
dispute out of which the report has been lodged. It is to be noted that
initially the Police have not taken cognizance but by virtue of order
passed by the Magistrate in terms of Section 156(3) of the Code of
Criminal Procedure, the crime has been registered.
7. When it is brought to the notice that due to registration of
FIR, the Police machinery has been rotated, the applicants of Criminal
Application No.1471/2023 made a statement that they would deposit
sum of Rs.10,000/- towards costs.
8. Now, the parties have settled the dispute by making
monetary arrangement. The entire dispute is of private in nature which
has no social impact. In the circumstance, continuation of prosecution
amounts to abuse of the process of Court. In view of that, both
applications are allowed. We hereby quash and set aside the First
Information Report vide Crime No.457 of 2023 registered with the
Kanhan Police Station, Nagpur Rural for the offence punishable under
Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code.
9. The applicants of Criminal Application No.1471/2023 shall
deposit Rs.10,000/- in the High Court Bar Association, Nagpur on or
before 20.12.2023.
10. Place the matter on 21.12.2023 for noting the compliance.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 18/12/2023 10:53:22
