Bombay High Court
Ramkuwar @ Ramchandra S/O. ... vs State Of Mah. Thr. Pso, Lakadganj ... on 2 May, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1 APL 666.23 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION [APL] NO.666 OF 2023
1] Ramkuwar Alias Ramchandra s/o
Pabulal Jangid, Aged about 52 years,
Occupation-Business.
2] Mohanlal s/o Ramkuwar Jangid,
Aged about 29 years,
Occupation-Private Job.
3] Sunil s/o Ramkuwar Jangid,
Aged about 26 years,
Occupation-Business.
All R/o. 205-Girnanr Building,
West High Court Road,
Dharampeth, Nagpur. .. Applicants
.. Versus ..
1] State of Maharashtra, Through
Police Station Officer, Lakadganj
Police Station, Tahsil and District-
Nagpur.
2] Hardik Bharat Parekh,
Aged about Major,
Occupation-Service,
R/o. Business, R/o. Riddhi Siddhi
Bunglow 279-A, Shivaji Nagar,
Nagpur. .. Non-Applicants
..........
Mr. S.P. Bhandarkar, Advocate for the applicants,
Mr. V.A. Thakre, APP for non-applicant no.1-State,
Mr. Avinash Gupta, Senior Advocate a/w Mr. Akash Gupta,
Advocate for non-applicant no.2.
..........
::: Uploaded on - 04/05/2023 ::: Downloaded on - 05/05/2023 08:48:09 :::
2 APL 666.23 (J).odt
CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : 2nd MAY, 2023.
ORAL JUDGMENT (Per : Vinay Joshi, J.)
1. Heard the matter finally with the consent of the learned
counsel for the parties.
2. Admit.
3. This is an application seeking to quash the first information
report bearing Crime No.0688/2020, registered with Police
Station Lakadganj, District-Nagpur, for the offences punishable
under Sections 420, 408, 120-B, 467, 468 and 471 of the Indian
Penal Code along with Charge-sheet No.173/2021 (Regular
Criminal Case No.3992/2021) pending on the file of the learned
Judicial Magistrate, First Class, Nagpur (8th Court), on account of
the settlement in between the parties.
4. At the instance of the report lodged by the non-applicant
no.2 - Hardik Bharat Parekh (informant) dated 07.11.2020 Crime
has been registered. It is informant's case that the applicants have
prepared forged and fabricated testamentary document of will
3 APL 666.23 (J).odt
dated 26.03.2020 of one Anantral s/o Vitthaldas Parekh, who was
his cousin grandfather. On the basis of said report, the police
carried investigation and filed final report. It is informed that yet
Trial Court has not framed charges.
5. The applicants have filed Regular Civil Suit against the
informant and others seeking the relief of declaration, injunction
and possession. Moreover, the applicants have also initiated
probate proceeding. During the pendency of this proceeding, with
the intervention of the family members, the matter has been
amicably settled. In view of the mutual arrangement, the parties
have filed terms of settlement in the civil suit. The said civil suit
was placed before the Lok-Adalat held on 30.04.2023, in which
the terms of settlement have been taken on record and the suit has
been disposed accordingly. The parties have decided to settle all
the pending disputes by way of the amicable settlement. It was
also agreed between the parties that the criminal prosecution shall
not be continued.
6. In view of the settlement, the informant - Hardik Parekh
has filed reply in this proceeding stating about the settlement and
his non-inclination in continuing pending the criminal
4 APL 666.23 (J).odt
prosecution. The informant - Hardik Parekh is present before us,
who has been identified by his Advocate Mr. Akash Gupta.
Moreover, we have enquired with the informant, on which, he has
accepted the settlement and requested for quashing of the
proceeding.
7. We have brought to the notice of the parties that due to
initiation of the criminal prosecution, the police machinery have
been rotated which led in filing the charge-sheet. The matter was
pending in the criminal court for some period. At this juncture,
the learned counsel for the applicants Mr. S.P. Bhandarkar
expressed that the applicants would deposit the cost of
Rs.50,000/- for rotating the said machinery.
8. The entire criminal prosecution was evolved out of the
document of will stated to be forged. By and large, it was a family
dispute which has been amicably settled. Certainly, the offences
cannot be termed as heinous or anti-social. By way of settlement,
the parties have settled all the differences including civil cases. In
the circumstances, there is no purpose in continuing the criminal
prosecution which would be an exercise in futility.
5 APL 666.23 (J).odt
9. Having regard to the peculiar facts, we are inclined to
invoke our inherent jurisdiction. In view of that, the application is
allowed. We are hereby quash and set aside the first information
report bearing Crime No.0688/2020 registered with Police Station
Lakadganj, District-Nagpur, for the offences punishable under
Sections 420, 408, 120-B, 467, 468 and 471 of the Indian Penal
Code along with related Charge-sheet No.173/2021 which is
numbered as Regular Criminal Case No.3992/2021 pending on
the file of learned Judicial Magistrate, First Class, Nagpur (8 th
Court).
10. The applicants shall deposit the cost of Rs.50,000/- to be
paid to the High Court Bar Association, Nagpur on or before
04.05.2023.
11. The matter be placed on board on 04.05.2023 to note the
compliance.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Gulande
