Bombay High Court
Shri. Vishal S/O Arunrao Bhoyar vs The State Of Maharashtra Thr. Ps, House ... on 13 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9189-DB
34-apl-1016-24j.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1016 OF 2024
Vishal Arunrao Bhoyar, Aged about 43 Applicant
years, Occup. Private, R/o Plot No.32,
Near Uday Nagar, NIT Garden, Galli
No.2, Shrikrushna Nagar, Ayodhya Nagar,
Nagpur-440024.
-Versus-
1. State of Maharashtra, through Police
Station House Officer, Police Station
Kalmana., Nagpur City, Tq. and Dist.
Nagpur.
2. Smt. Prachi Sachin Malkhede, Aged about
33 years, occup. House wife R/o Plot Non-
No.49, Bhande Plot, Umred Road, Nagpur applicants.
440024.
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Ms.S.Kapgate, Adv. for the applicant
Mr.Anup Badar, APP for the non-applicants.
Ms. V.K.Bisen counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 13th AUGUST, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
(1) Heard.
(2) Admit. The application is heard finally with the consent of
the learned counsel for the parties.
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34-apl-1016-24j.odt
(3) This is an application seeking to quash the First Information
Report vide Crime No. 07 of 2024 for the offences punishable
under Section 418,419,420,468 and 471 of the Indian Penal Code
registered with Police Station Kalmana, district Nagpur on account
of settlement.
(4) It is the informant's case that her father owns a four wheeler
bearing registration No.MH-49-AE-1965. After the demise of her
father the applicant, who is her real brother, by use of forged
documents got transferred the ownership of car in his own name,
therefore, the report.
(5) There was a property dispute in between the bother and
sister. The informant has filed Reg.C.S.No.704 of 2023 seeking
various reliefs. In the said suit, the entire dispute was settled by way
of entering into compromise. The informant lady has also filed an
affidavit-cum-reply stating that the matter is settled and she do not
wish to prosecute the criminal case. Now the car stands in the
name of brother. The informant is present before us, who is
identified by her counsel. She has reiterated that due to settlement
she has no objection to quash the proceedings. In view of that,
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34-apl-1016-24j.odt
continuation of prosecution amounts to abuse of the process of
court.
(6) In view of above, the Criminal Application is allowed. We,
hereby quash and set aside the First Information Report vide Crime
No. 07 of 2024, for the offences punishable under Section 418,
419, 420, 468 and 471 of the Indian Penal Code registered with
Police Station Kalmana, district Nagpur.
(7) Criminal Application stands disposed of.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 20/08/2024 15:03:37 Kavita.
