Bombay High Court
Ajay Prabhakar Sawale And Another vs State Of Mah. Thr. Pso, Malkapur ... on 7 October, 2023
Bench: Vinay Joshi, G. A. Sanap
2023:BHC-NAG:14723-DB
Order apl1294.23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [APL] NO. 1294/2023.
1.Ajay Prabhakar Sawale,
Age 48 years, Occupation - Business,
resident of Ambedkar Nagar,
Malkapur, Tq. Malkapur,
District Buldhana.
2.Ashish Subhash Hatalkar,
Age 41 years, Occupation -
Service, resident of Ekta Nagar
Malkapur, Tq. Malkapur,
District Buldhana. ... Applicants.
-Versus-
1.State of Maharashtra
through Police Station Officer,
Malkapur [City],
District Buldhana.
2.Ratan Jaganath Dabhalkar,
Aged about 45 years, Occupation
Business, resident of Ekta Nagar,
Malkapur, Tq. Malkapur,
District Buldhana. ... Non-applicants.
........
Shri S.V. Sirpurkar, Advocate for Applicants.
Shri S.M. Ghodeswar, A.P.P. for Non-applicant No.1.
Shri D.I. Jain, Advocate for Non-applicant No.2.
.........
CORAM : VINAY JOSHI &
G.A. SANAP, JJ.
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Order apl1294.23
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DATE : OCTOBER 07, 2023.
ORAL JUDGMENT (PER VINAY JOSHI, J) :
Heard. Admit.
By consent of the learned Counsel appearing for the respective
parties, the matter is taken up for final disposal.
2. This is an application seeking to quash the first information
report bearing Crime No.400/2023 registered with Malkapur Police
Station, Buldhana for the offence punishable under Section 420 read
with Section 34 of the Indian Penal Code, on account of settlement.
3. It is informant's case that both applicants were of his
acquaintance. They have assured him to arrange for a job for his
brother in consideration of Rs.1,30,000/-. On assurances and promise,
the informant has paid the money, however, later on realized that the
assurance was false. The informant has repeatedly asked for refund,
but, the amount was not returned, hence the report for the offence of
cheating.
4. Both parties are residing in the same vicinity. With the aid and
intervention of friends, they have settled the dispute. Applicants have
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Order apl1294.23
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returned the entire amount of Rs. 1,30,000/- to the informant. In order
to maintain cordial relations, the informant has also showed his
willingness to settle the matter, as the amount is received by him. The
informant has also filed an application to the police stating that he has
received entire amount and he has no grievance against applicants. The
informant has filed an affidavit stating about settlement and receipt of
entire amount. Today the informant is personally present before us,
who is identified by his Advocate. The informant has accepted about
the settlement and receipt of the money, and about his no objection to
quash the proceedings.
5. It reveals that only because of registration of the first
information report and police have commenced investigation, applicants
have refunded the amount. We have brought this aspect to the notice of
applicants that police machinery has been rotated. At this juncture, the
learned Counsel appearing on behalf of applicants submit that applicants
are ready and willing to deposit an amount of Rs.25,000/- towards costs.
6. The alleged offence is not of heinous or antisocial nature. It
was a private transaction in between the parties. By the time the
informant has received his amount back, the offence does not have any
social impact. Since the informant is not inclined to go on with the
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Order apl1294.23
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prosecution, continuation of investigation would be an exercise in
futility. In view of that, we deem it appropriate to invoke our
jurisdiction and pass the following order.
ORDER
(a) Criminal Application is allowed and disposed of.
(b) The first information report bearing Crime No.400/2023
registered with Malkapur Police Station, Buldhana for the
offence punishable under Section 420 read with Section 34
of the Indian Penal Code is hereby quashed and set aside,
on condition that applicants deposits an amount of
Rs.25,000/- towards costs in the account of M/s. High Court
Gazetted Officers Association, Nagpur, (SB. General)
Account No.129712010000501, IFSC Code UBIN0812978
with the Union Bank of India, High Court Branch, Civil
Lines, Nagpur, by 20.10.2023.
(c) List the matter for reporting compliance on 25.10.2023.
(G.A. SANAP, J.) (VINAY JOSHI, J.)
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 09/10/2023 14:51:47
Rgd.
