Bombay High Court
Dr. Rajesh S/O Tulshiram Baghe vs The State Of Mha. Thr. Pso Ps ... on 10 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 153 OF 2023
Dr. Rajesh s/o Tulsiram Baghe, Aged
about 50 years, Occ. Medical
Practitioner, R/o 31/2, Priyadarshani
Colony, MHADA, Civil Lines, Nagpur.
... APPLICANT
VERSUS
1. State of Maharashtra, through Police
Station Officer, Police Station
Panchpaoli, Nagpur.
2. Mahesh s/o Gangaram Kriplani,
Aged about 64 years, Occ. Medical
Practitioner,s R/o 14, Aradhana,
Opp. Tidke Vidyalaya, Katol Road,
Raj Nagar, Nagpur.
... NON-APPLICANT
_____________________________________________________________
Shri A.S. Band, Advocate for the applicant.
Ms. Deshmukh, A.P.P. for the non-applicant/State.
Shri Dewani, Advocate for the non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATED : 10.02.2023.
JUDGMENT : (Per : Vinay Joshi, J.)
On an oral request, the applicant is permitted to amend
the application by adding prayer seeking quashing of the charge-
sheet numbered as R.C.C. no. 1635 of 2022 pending on the file of
Civil Judge, Junior Division, Nagpur. Amendment be carried out
forthwith.
2. Heard finally by consent of both the learned Counsel
appearing for the parties.
3. The applicant has applied for quashing of First
Information Report (FIR) in Crime No.783 of 2021 registered with
the Panchpaoli Police Station District Nagpur for the offence
punishable under Sections 406, 420 of the Indian Penal Code, 1860.
Since during the pendency of this application, the charge-sheet has
been filed the applicant has also made an additional prayer of
quashing of the charge-sheet.
4. It is the informant's case that in pursuance of friendly
relations, he had lend Rs.25 lakhs to the applicant on assurance to
repay within stipulated time. Since there was no refund, the
informant realized that he has been deceived and therefore, the
report.
5. During pendency of this application, the applicant was
arrested in concerned crime. In that relation, the informant has
challenged one of the order passed by the Magistrate in Criminal
Writ Petition No.765 of 2021. In said Writ Petition, the parties
arrived on compromise of which the settlement terms have been
filed in the Petition. There was breach of settlement terms which
gave rise to the informant for filing Contempt Petition No.40 of
2022. In said Contempt Petition, the applicant has paid entire
amount as undertaken by way of settlement filed in Criminal Writ
Petition.
6. In the circumstance, the matter is settled and therefore,
both sides have came before us with an urge to quash the above
referred proceedings. The informant has today filed an affidavit
affirming the settlement with further request for quashing of FIR.
The informant is present in the Court who has been identified by the
learned Counsel Shri Dewani appearing on his behalf. We have also
inquired with the informant to which he has accepted about the
settlement and his consent for quashing of the FIR and charge-sheet.
7. Basically, it was a commercial dispute in between to
medical officers. The dispute gave rise for the Police to rotate the
machiny, investigate the matter and file the charge-sheet. Not only
that, repeatedly the parties have come to this Court for various
reliefs. Having regard to above facts, the applicant undertakes to
deposit sum of Rs.10,000/- in this Court. Since it was a purely
commercial dispute and the parties have settled the matter, there is
no purpose in continuing the trial as it would be exercise in futility.
8. In view of above, the application is allowed. The First
Information Report vide Crime No.783 of 2021 registered with the
Panchpaoli Police Station District Nagpur for the offence punishable
under Sections 406, 420 of the Indian Penal Code, 1860 along with
related Criminal Case bearing R.C.C. No.1635 of 2022 pending on
the file of Civil Judge, Junior Division Nagpur is hereby quashed and
set aside.
9. The above order is subject to applicant depositing
Rs.10,000/- with the High Court Legal Aid Sub-Committee Nagpur
within a week from today.
10. The learned Magistrate shall formally dispose the
criminal case after ensuring the deposit of amount as ordered herein.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
TRUPTI SANTOSHJI AGRAWAL
13.02.2023 17:59
Trupti
