Bombay High Court
Vikas S/O Shrikrishna Apte And Another vs The State Of Mah. Thr. Pso Ps Dhantoli ... on 18 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:875-DB
1 apl417.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.417/2022
1. Vikas S/o Shrikrishna Apte,
aged about 73 Yrs., Occ. Retired.
2. Anoop S/o Vikas Apte,
aged about 39 Yrs., Occ. Private Job.
Both applicants are residing at
Flat No.D-301, R.K. Pride, New
D.P. Road, Kothrud, Pune. ... Applicants
- Versus -
1. The State of Maharashtra,
through P.S.O. Police Station Dhantoli,
District Nagpur.
2. Smt. Sheetal W/o Ajay Karkare,
aged about 47 Yrs., Occ. Housewife,
R/o First Floor Unit No.1 "Sanwadi
Apartments" Plot No.58, Congress
Nagar, Nagpur.
(P.S. Dhantoli) ... Non-applicants
-----------------
Mr. N. S. Khandewale, Advocate for the Applicants.
Ms. S.V. Kolhe, A.P.P. for Non-applicant No.1.
Mr. A.P. Vyas, Advocate for Non-applicant No.2.
----------------
CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : 18.1.2024.
2 apl417.2022
ORAL JUDGMENT (Per Vinay Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of learned counsel for the parties.
2. This is an application seeking to quash the
Chargesheet dated 12.02.2022 filed under Sections 448 and 506
read with Section 34 of the Indian Penal Code arising out of
Crime No.0338/2021 filed by non-applicant No.1 Police Station
Dhantoli, District Nagpur and to quash and set aside S.C.C.
No.3621/2022 pending on the file of 15 th Joint C.J.J.D. and
J.M.F.C., Nagpur on account of settlement.
3. A lady owns a house property who has assigned
ground floor to accused No.1 whilst upper floor to the mother of
the informant. The accused No.1 was mostly staying at Pune.
He has leased ground floor premises to the informant who is
daughter of his real sister. Informant was paying monthly rent to
accused No.1 at the rate of Rs.6,000/- per month. It is
informant's contention that on 15.10.2021 accused No.1 gave her
threats for vacating the ground floor premises. Moreover on the
following day both accused arrived at the place, broke open the
ground floor premises which were possessed by informant,
removed belongings and took forcible possession that is why
3 apl417.2022
report has been lodged. The police have investigated the matter
and filed chargesheet. It is informed that yet the trial Court has
not recorded the plea.
4. In the meantime, with the aid and intervention of
relatives the matter has been amicably settled. Accused have
compensated the informant by way of paying Rs.24,000/-. Since
the parties are closely related to each other the informant chooses
to settle and put an end to the dispute. The informant lady is
present before us who is identified by her Advocate. She admits
that she has received sum of Rs.24,000/- and considering the
close relationship she has no objection to quash the proceedings.
5. It was a dispute between family members. Accused
No.1 is maternal uncle of the informant. Considering the
relationship the matter has been settled. Certainly the offence
cannot be termed as serious or antisocial. Since the dispute is
settled the continuation of trial would be an exercise in futility. In
peculiar facts and circumstances we are inclined to exercise our
inherent powers.
4 apl417.2022
6. In view of the above application is allowed. We
hereby quash and set aside criminal prosecution namely S.C.C.
No.3621/2022 pending on the file of 15 th Joint C.J.J.D. and
J.M.F.C. arising out of Crime No.0338/2021.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 22/01/2024 18:30:11
