Bombay High Court
Ravindra Gulabrao Bhende And ... vs State Of Maht. Pso, Ramnagar, ... on 12 October, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
2023:BHC-NAG:15077-DB
Judgment 911 apl 1169.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1169/2023
1. Ravindra Gulabrao Bhende,
Aged 64 yrs., Occ. Retired,
near Socialist Square, Telengpura,
Wardha, Dist. Wardha.
2. Dr. Dhananjay Baburaoji Kadam,
aged 51 yrs., Occ. Private, 204, Tuljai Apartment,
21/22, Renghe Layout, Talmale Estate,
Trimurty Nagar, Nagpur - 22.
... APPLICANTS
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Ramnagar, Dist. Wardha.
2. Shri Kishor Mathankar,
age Major, Occ. Agriculturist,
R/o. Near Vitthal Mandir, Hawaldarpura,
Wardha.
...NON-APPLICANTS.
---------------------------------
Mr. S. Bhandarkar, Advocate for applicants.
Mr. S.M. Ghodeswar, APP for non-applicant No.1.
Mr. M. R. Puranik, Advocate non-applicant No.2.
----------------------------------
CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : 12.10.2023
Judgment 911 apl 1169.23
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 46/2020 registered with Police Station
Ramgnagar, Dist. Wardha and Charge-sheet bearing No. 29/2021 for
the offence punishable under Sections 420, 468, 471 read with
Section 34 of the Indian Penal Code on account of settlement.
4. The informant Kishor Mathankar was the President of
Educational Institution. He has lodged report with the Police
alleging that applicant Nos. 1 and 2 along with co-accused have
forged and fabricated letter head, seal, signature and used the forged
documents, therefore, the offence.
5. Applicant No.1 was serving as a Principal whilst applicant
No.2 was a professor. There was series of litigation in between them
on different counts. They have settled all sort of differences before
the Hon'ble Supreme Court in Petition(s) for Special Leave to Appeal
(C) No(s). 17188/2019 by way of filing terms of settlement dated
Judgment 911 apl 1169.23
03.07.2023 which was accepted.
6. The order passed by the Hon'ble Supreme Court on
31.07.2023 indicates that on the basis of settlement, the Special
Leave to Appeal was closed. In continuation of such settlement, the
informant is not inclined to go on against the prosecution with both
the applicants.
7. The informant is present before us who has been
identified by his Advocate Mr. M.R. Puranik. Informant filed short
reply stating about settlement and his no objection to quash the
proceeding. On our query, non-applicant No.2 Informant has
affirmed his stand about settlement and gave his no objection to
quash the proceeding.
8. The allegation is principally of preparing forge letter
head, use of seal and signature. It cannot be said that the offence
has social impact nor we can term it as heinous one. Since, the
matter is settled, there is no purpose in continuation of prosecution
which would be exercised in futility.
Judgment 911 apl 1169.23
9. In view of above, we hereby quash and set aside First
Information Report ('FIR') vide Crime No. 46/2020 registered with
Police Station Ramgnagar, Dist. Wardha and Charge-sheet bearing
No. 29/2021 for the offence punishable under Sections 420, 468,
471 read with Section 34 of the Indian Penal Code which is
numbered as RCC No. 197/2021 pending on the file of Judicial
Magistrate First Class, Wardha to the extent of applicant No. 1
Ravindra Gulabrao Bhende and applicant No.2 Dr. Dhananjay
Baburaoji Kadam only.
10. Applications stands disposed of in above terms.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 13/10/2023 15:21:42
