Bombay High Court
Jagdish Mahadeorao Limje And Others vs The State Of Mah. Thr. Pso, Ps ... on 30 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9967-DB
Judgment 943 apl 766.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 766/2023
1. Jagdish Mahadeorao Limje,
aged about 52 yrs., Occ. Business,
2. Dipak Mahadeorao Limje,
Aged about 46 yrs., Occ. Business,
Both R/o. House No.24, Jagdish
Saoji Bhojnalaya, near Shukrawari
Talao, Subhash Road, Nagpur.
3. Bhagwat Rajeramji Kature,
aged about 58 yrs., Occ. Labour,
R/o. Nalsahab Chowk, Lal Patthar,
near Masjid, Nagpur.
4. Kisankumar Shamaluprasad Nagvanshi,
aged about 45 yrs., Occ. Labour,
R/o. Jagdish Saoji Bhojnalaya, near
Shukrawari Talao, Nagpur
permanent R/o. Satnavari, Bazargaon,
Tah. Kalmeshwar, Dist. Nagpur.
5. Chandan s/o Jalamaji Das,
aged about 40 yrs., Occ. Labour,
R/o. C/o. Nandu Fulmare's House,
behind Jagdish Saoji Bhojnalaya,
near Shukrawari Talao, Nagpur.
6. Tirith Ram Patel,
aged about 44 yrs., Occ. Labour,
R/o. Jagdish Saoji Bhojnalaya, near
Shukrawari Talao, Nagpur,
permanent R/o. Mohadi, P.S. Gharsmiha,
Dist. Raipur (Chattisgarh).
Judgment 943 apl 766.23
2
7. Sanjay Deoraoji Khapre,
aged about 52 yrs., Occ. Labour,
R/o. Plot No.54, Dhyaneshwar
Society, Amar Nagar, Manewada,
Nagpur.
... APPLICANTS
VERSUS
1. The State of Maharashtra,
through Police Station Officer,
Police Station Ganeshpeth, Nagpur,
Dist. Nagpur.
2. Pradip s/o Ramesh Jeswani,
aged about 43 yrs., Occ. Business,
R/o. House No.591/E, Byramji Town,
Sadar, Nagpur.
...NON-APPLICANTS
---------------------------------
Mr. B.M. Lonare, with Mr. L. Tirpude, Advocates for applicants.
Mr. A. Joshi, APP for non-applicant No.1.
Mr. S. Bhattad, Advocate for non-applicant No.2.
----------------------------------
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 30.08.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information Report
Judgment 943 apl 766.23
("FIR") vide Crime No. 174/2023 registered with Police Station
Ganeshpeth, Nagpur for the offence punishable under Sections 143, 147,
149, 323, 504, 506 of the Indian Penal Code on account of settlement. It is
informed that yet charge-sheet has not been filed.
4. It is the prosecution case that informant in the capacity of
customer went to eating house. At the instance of occupying the table by
more customer which the informant has already occupied, there has been a
dispute in which the accused who are running hotel business have assaulted
the informant, gave abused and threats, therefore the report.
5. The informant has filed an affidavit stating that the matter is
amicably settled out of the Court and he did not wish to prosecute.
Apparently it was scuffle between unknown person and thus, there was no
element of prior enmity. In order to maintain cordial relation, both parties
have settled the dispute. Since the applicants have already apologized the
informant, he has pardoned them and settled the matter out of the Court.
The offence cannot be termed as heinous or anti-social. In the
circumstances, we are inclined to exercise our inherent powers.
Judgment 943 apl 766.23
6. The learned counsel appearing for applicants would submit that
the applicant would deposit sum of Rs. 35,000/- towards rotated Police
Machinery.
7. In view of above, application is allowed. We hereby quash and
set aside FIR vide Crime No. 174/2023 registered with Police Station
Ganeshpeth, Nagpur for the offence punishable under Sections 143, 147,
149, 323, 504, 506 of the Indian Penal Code on account of settlement.
8. The applicants shall deposit sum of Rs. 35,000/- as cost with the
High Court Bar Association, Nagpur within a period of one week from
today.
9. The applicants shall not indulged into similar activities in
future.
10. Stand over to 09.09.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 05/09/2024 10:49:03
