Bombay High Court
Bharti W/O. Lucky Bhutani vs State Of Maharashtra Through Pso Ps ... on 22 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:17649-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1674 OF 2023
Bharti W/o. Lucky Bhutani,
Aged about 44 years, Occ. Nil,
R/o. C/o. Lucky Gajendrasingh Bhutani,
Modi No. 1, Ram Mandir Road,
Near Ram Mandir, Kamptee,
Nagpur. . . . PETITIONER
// V E R S U S //
1. State of Maharashtra through
Police Station Officer, Police Station
Lakadganj, Nagpur.
2. Gopalkrishna S/o. Harbhagwandas Arora,
Aged about 56 years, Occ. Service,
R/o. 731A, Khare Town, Dharampeth,
Nagpur. . . . RESPONDENTS
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Shri D. V. Chavan, Advocate for applicant.
Shri Anup Badar, APP for non-applicant no. 1/State.
Shri H. J. Khandwani, Advocate for non-applicant no. 2.
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CORAM :- VINAY JOSHI &
M. W. CHANDWANI, JJ.
DATED :- 22.12.2023
ORAL JUDGMENT (PER: VINAY JOSHI, J.):-
Heard.
2. Admit.
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3. Heard finally by consent of the learned counsel for the
parties.
4. By this application the applicant is seeking to quash the
First Information Report in Crime No. 676/2023 registered with
Lakadganj Police Station, District Nagpur for the offence punishable
under Sections 409, 420, 467 and 468 of the Indian Penal Code on
account of mutual settlement.
5. At the instance of report lodged by the Secretary of the
Education Society, the crime has been registered. It is the
prosecution's case that the applicant (accused) was serving as a Clerk
in the Education Society. The applicant lady was looking after
admission process and was doing clerical work. She used to accept
school fees of the students however, she has not deposited the entire
amount and thus misappropriated a sum of Rs.8,16,620/-. After
realizing the things, the Society resolved to take criminal action against
the applicant hence, authorized Secretary of the Education Society to
file report. Accordingly, the police report has been filed and on the
basis of which, the crime came to be registered.
6. In the meantime, the matter has been amicably settled
between the parties. The applicant-lady has realized her misdeed and
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repaid the entire misappropriate amount to the Education Society. The
applicant stated that she is having repentance on her act. The Society
has also considered that the applicant was serving with them from the
last 25 years and this is her first misconduct and therefore, they agreed
to settle the matter.
7. In accordance with the settlement, the informant has filed
an affidavit-cum-reply stating that the matter is settled and they have
received the entire misappropriate sum of Rs.8,16,620/- through
cheque. The informant has also stated that the applicant lady is having
child aged 7 months and she belongs to the same community. In view
of that, the informant do not wish to prosecute the criminal case. The
informant- Secretary has also filed affidavit annexed with a resolution
of the Executive Body authorizing him to file settlement in the Court.
8. Though, the learned APP objected to quash the
proceedings however, there is no legal embargo to invoke the inherent
powers of this Court as the statue has not imposed limitation in
exercise of inherent powers. The very purpose of investing
uncontroled self-guided powers is to achieve the object of preventing
the misuse of the process of Court and to secure ends of justice.
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9. The applicant was serving in the Education Society since
last 25 years. The applicant has realized her mistake and repaid the
entire misappropriate amount. Basically, it is a private dispute between
the Education Society and their own Clerk. The applicant lady is
having a small child and there are no antecedents. The Education
Society has already received misappropriate amount and they do not
have any grievance. Looking to the above aspect, continuance of
prosecution would amount to abuse of process of Court.
10. We have brought to the notice of the parties that due to
registration of crime, the Police have to excert and investigate the
matter. At this juncture, the learned counsel appearing for the
applicant made a statement that the applicant would deposit an
amount of Rs.20,000/- towards costs.
11. Considering all the above facts and particularly the
Education Society do not wish to prosecute the case, we are inclined to
exercise our exceptional powers, hence following order :
ORDER
i) Criminal Application is allowed and disposed of.
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ii) The First Information Report in Crime No. 676/2023 registered
with Lakadganj Police Station, District Nagpur for the offence
punishable under Sections 409, 420, 467 and 468 of the Indian Penal
Code is hereby quashed and set aside.
iii) The applicant to deposit an amount of Rs.20,000/- (Rs. Twenty
Thousand) towards costs with the Police Welfare Fund within three
weeks from today.
iv) List the matter for reporting compliance on 15.01.2024.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
RR Jaiswal
