Bombay High Court
Niranjan S/O. Raosaheb Nirmal And ... vs State Of Mah. Thr. Pso, Bajaj ... on 6 November, 2023
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:16255-DB
Judgment 924 apl 553.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 553/2023
1. Niranjan S/o. Raosaheb Nirmal,
Aged about 33 yrs., Occ. Business,
2. Raosaheb S/o Baburao Nirmal
Aged about 63 yrs., Occ. Retired
Govt. Employee,
3. Usha Raosaheb Nirmal,
Aged about 58 yrs., Occ. Household,
4. Pritam Niranjan Nirmal,
Aged about 28 yrs., Occ. Housewife,
All Applicants R/o. House No.3,
Siddheshwar Housing Chowk,
Sawedi.
... APPLICANTS
(accused)
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Bajaj Nagar, Nagpur - 440010.
2. Smt. Varsha w/o. Vilas Aglawe,
aged about 52 yrs., Profession Lawyer,
R/o. Flat No. 502, Krishna Apartment,
Laxmi Nagar, Nagpur - 440022.
...NON-APPLICANTS
---------------------------------
Mr. Jitesh Dhuilani, Advocate for applicant..
Ms. Shamshi Haider, APP for non-applicant No.1.
Mr. N. V. Fulzele, Advocate for non-applicant No.2.
----------------------------------
Judgment 924 apl 553.23
2
CORAM : VINAY JOSHI AND
M. W. CHANDWANI, JJ.
DATE : 06.11.2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 26/2023 registered with the Police
Station Bajaj Nagar, Nagpur for the offences punishable under
Sections 406, 409, 420 read with Section 34 of the Indian Penal
Code on account of mutual settlement.
4. It is the prosecution case that time to time, informant's
deceased husband has invested the different sums with the applicant
No.1 under the assurance to pay higher interest. Some amounts
were paid in cash whilst some by bank transfer. The informant's
husband has paid total sum of Rs. 2.45 crores to applicant No.1 and
his concerns, of which rest applicants were stated to be partners.
Since despite assurance the money was not refunded, the informant
Judgment 924 apl 553.23
has lodged report about cheating and breach of trust. During
pedency, the matter has been amicably settled. Non-applicant No.1
has refunded entire sum of Rs. 2.25 crores. A copy of settlement
deed is produced on record. Informant lady has also filed reply
stating about the settlement, receipt of agreed sum and her no
objection to quash the proceeding.
5. The dispute was purely of private nature. The entire sum
has been refunded to the informant lady who has appeared before
She has been identified by her Advocate Mr. Fulzele. She has
admitted about the settlement and her no objection to quash the
proceeding. Having regard to the nature of private transaction, we
find no difficulty to quash the proceeding. However, it is apparent
that since the Police Machinery was utilised, the matter resulted into
settlement by refund of money. At this juncture, learned counsel for
applicants made a statement that they would deposit cost of Rs.
25,000/- within four weeks from today.
6. In view of above, application is allowed. We hereby quash
and set aide ('FIR') vide Crime No. 26/2023 registered with the
Judgment 924 apl 553.23
Police Station Bajaj Nagar, Nagpur for the offences punishable under
Sections 406, 409, 420 read with Section 34 of the Indian Penal
Code on account of mutual settlement.
7. Application stands disposed of in above terms.
8. The applicant shall deposit cost of Rs. 25,000/- with the
Vidarbha Lady Lawyers' Association, Nagpur within four weeks from
today.
9. Stand over to 04.12.2023 for noting compliance.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 08/11/2023 10:36:59
