Bombay High Court
Ranjeetsingh Basantsingh ... vs State Of Mah. Thr. Pso Ps Mankapur , ... on 28 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 377 OF 2020
1. Ranjeetsingh BasantsinghChauhan, aged
about 34 years, occ. Ex-Sarpanch, R/o
Plot No.170, Ward No.1, Vidyanagar,
Near Modern School, Bokhara, Nagpur.
2. Abhijeetsingh s/o Basantsingh Chauhan,
aged 32 years, Occ. Business, R/o Plot
No.170, Ward No.1, Vidyanagar, Near
Modern School, Bokhara, Nagpur.
3. Shubham s/o Sanjaysingh Dixit, aged 27
years, Occ. Private, R/o Plot No.91/B,
Ward No.1, Near Hanuman Mandir,
Koradi, Panjara, Nagpur.
4. Dilip Gulabrao Barde, Aged about 40
years, Occ. Private, R/o Shakeel Babu
Housing Society, Bokhara, Nagpur.
... APPLICANTS
VERSUS
1. State of Maharashtra, through Police
Station Officer, Police Station
Mankapur, Nagpur, District Nagpur.
2. Shakeel Anwar Sheikh, aged 38
years, Occ. Business, R/o At Post.
Bhokara, Gram Panchayat, Bokhara,
Tah. & Distt. Nagpur.
... NON-APPLICANTS
2
_____________________________________________________________
Shri Bhashan Dafle, Advcoate for the applicants.
Shri Khan,A.P.P. for the non-applicant/State.
Shri A.S. Mirza, Advocate for the non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATED : 28/02/2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
RULE. Rule made returnable forthwith.
2. This is an application in terms of Section 482 of the Code of
Criminal Procedure seeking to quash the First Information Report in
Crime No.94 of 2020 registered with the Mankapur Police Station,
Nagpur City for the offence punishable under Sections 363, 368, 342,
506(2) read with Section 34 of the Indian Penal Code.
3. It was the prosecution case that on 16.03.2020, the
informant has been abducted by the applicants and kept in confinement
in lodging house so as to prevent him from participating in the election
for the post of Upsarpanch of village Bhokhara, District Nagpur. It is
stated that during the period of election by use of scorpio vehicle, the
applicants have taken away the informant on the point of knife and
thus, the offence.
4. Both parties are the resident of same village. In order to
maintain harmony in two groups, with the aid and advice of villagers,
matter has been amicably settled. The informant has filed his affidavit
stating that the matter is settled and out of misunderstanding he has
filed the report, which he do not desire to prosecute. By intervention of
this Court, charge-sheet has not been filed.
5. Though it is a case of abduction, it reveals that out of
village politics, the incident occurred. The informant has no objection
to quash the proceedings as there would be a peace in the village by
settlement of the matter. The offence cannot be termed as of heinous
nature. Since the matter is settled, there is no purpose in continuing the
criminal prosecution.
6. Having regard to the nature of accusation and the police
machinery rotated due to the FIR, the applicants have shown their
willingness to deposit Rs.50,000/- towards costs.
7. In view of the settlement and to maintain harmony in the
village, we deem it appropriate to use the inherent power, hence, we
hereby passed the following order :
(a) The application is allowed.
(b) The First Information Report in Crime No.94 of 2020
registered with the Mankapur Police Station, Nagpur City
for the offence punishable under Sections 363, 368, 342,
506(2) read with Section 34 of the Indian Penal Code is
hereby quashed and set aside subject to the applicants
depositing total sum of Rs.50,000/- to the Government
Pleader Library, Government Pleader Office, Nagpur on or
before 09.03.2023.
8. Place the matter for compliance on 10.03.2023.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Trupti
TRUPTI SANTOSHJI AGRAWAL
02.03.2023 17:03
