Bombay High Court
Ashish S/O. Satish Shivankar And Others vs State Of Mah. Thr. Ps Ajni Nagpur And ... on 19 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:921-DB
1 2.wp.49.24 & 50.24-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 49/2024
AND
CRIMINAL WRIT PETITION NO. 50/2024
CRIMINAL WRIT PETITION NO. 49/2024
1. Ashish S/o. Satish Shivankar,
Aged about 37 years, Occu. Private.
2. Nandani W/o. Hitesh Meghani,
Aged about 35 years, Occu. Household.
3. Asha W/o. Satish Shivankar,
Aged about 60 years, Occu. Household.
All 1 to 3 are R/o. Plot No.88,
Empress Mills Colony, Ajni, Nagpur.
4. Nilay S/o. Kishore Itlay,
Aged about 35 years,
Occ. Profession (Advocate),
R/o. 11/07 M.I.G. Near Hanuman Temple,
Rana Pratap Nagar, Nagpur. ... PETITIONERS
...VERSUS...
1. State of Maharashtra
through Police Station, Ajni, Nagpur.
2. Mrs. Seema W/o. Sagar Shivankar,
Aged about 32 years, Occu. Household,
R/o. Sneh Nagar, Plot No.75, Nagpur. ... RESPONDENTS
------------------------------------------------------------------------------------------------
Mr. V. V. Bharadwaj, Advocate for Petitioner.
Mr. A. B. Badar, A.P.P. for Respondent/State.
Mr. Y. S. Jaiswal, Advocate for Respondent No.2.
-----------------------------------------------------------------------------------------------
AND
CRIMINAL WRIT PETITION NO. 50/2024
1. Mr. Satish S/o. Virchandra Shivankar,
Aged about 69 years, Occu. Private.
2 2.wp.49.24 & 50.24-J.odt
2. Mr. Sagar S/o. Satish Shivankar,
Aged about 34 years, Occu. Private.
3. Mrs. Seema W/o. Sagar Shivankar,
Aged about 34 years, Occu. Household.
All 1 to 3 are R/o. C/o. R. N. Pidurkar,
New Sneh Nagar, Plot No.75,
... PETITIONERS
Post Pratap Nagar, Nagpur.
...VERSUS...
1. State of Maharashtra
through Police Station, Ajni, Nagpur.
2. Mr. Ashish S/o. Satish Shivankar,
Aged about 37 years, Occu. Private,
R/o. Plot No.88, Empress Mills Colony,
Ajni, Nagpur. ... RESPONDENTS
------------------------------------------------------------------------------------------------
Mr. Y. S. Jaiswal, Advocate for Petitioner.
Mr. A. B. Badar, A.P.P. for Respondent/State.
Mr. V. V. Bharadwaj, Advocate for Respondent No.2.
-----------------------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 19.01.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. Both petitions are for quashing the criminal prosecutions which
have been filed against each other. Since most of the parties are one and
the same, for the sake of convenience, we have taken them together.
Particularly, it was a family dispute, which has been settled, hence,
quashing is sought in both petitions on account of settlement.
3 2.wp.49.24 & 50.24-J.odt
3. Criminal Writ Petition No.49/2024 has been filed by four
accused seeking to quash the First Information Report vide Crime
No.165/2022 registered with Police Station, Ajni, District Nagpur along
with Regular Criminal Case No.2566/2022, which was initiated at the
instance of respondent No.2 Seema.
4. Criminal Writ Petition No.50/2024 has been filed by three
accused seeking to quash the First Information Report vide Crime
No.166/2022 registered with Police Station, Ajni, District Nagpur along
with Summary Criminal Case No.1996/2022, which was initiated at the
instance of respondent No.2 Ashish.
5. It is informed that in both the proceedings investigation is
complete and charge sheet has been filed. However, no charges/plea has
been framed/recorded by the Trial Court.
6. Crime No.165/2022 has been registered at the instance of
informant Seema against her brother-in-law, mother-in-law and other
relatives. She alleges that on the date of occurrence, petitioner No.4 Nilay
outraged her modesty whilst the rest has abused her. In Crime
No.166/2022, the informant Ashish alleges that at relevant time, the
petitioners, who are his father and other relatives have abused him in filthy
language as well as caused hurt and gave threats.
4 2.wp.49.24 & 50.24-J.odt
7. The parties are closely related to each other. Lodgement of the
First Information Report was outcome of the property dispute. With the aid
and intervention of the relatives, the matter has been amicably settled. In
pursuance of the settlement, the petitioner Ashish has executed registered
gift deed in favour of his brother Sagar. Since the property dispute was
resolved, both informants Seema and Ashish decided to put an end to the
criminal prosecution. In pursuance of that, both have filed affidavits in
respective petitions stating about settlement and their no objection to go on
with the prosecution. Both informants are present before us. They are
identified by their respective Counsel. They have agreed about the
settlement, filing of reply and stated about their no objection to quash the
proceedings.
8. Apparently, the parties are closely related to each other. Out of
property dispute, rival complaints have been filed. The matter has been
settled by making certain adjustments relating to immovable property,
which was approvable to all. Since none of the informant is interested to go
on with the prosecution, there is no purpose in continuation of the criminal
cases. The respective offences cannot be termed as heinous and antisocial.
Rather the interest of justice would be secured by way of disposing of both
the criminal prosecutions. Since the police machinery has invoked for
settling of private property dispute, the respective petitioners expressed to
deposit costs of Rs.10,000/- in each petition.
5 2.wp.49.24 & 50.24-J.odt
9. In view of above, following order :
i. Criminal Writ Petition No.49/2024 is allowed.
ii. We hereby quash and set aside the First Information Report
vide Crime No.165/2022 registered with Police Station, Ajni,
District Nagpur for the offences punishable under Sections
354, 323, 504 read with Section 34 of the Indian Penal Code
along with related Criminal Proceedings bearing Regular
Criminal Case No.2566/2022.
iii. The petitioner shall deposit some of Rs.10,000/- within one
week with the High Court Bar Association, Nagpur.
iv. Criminal Writ Petition No.50/2024 is allowed.
v. We hereby quash and set aside the First Information Report
vide Crime No.166/2022 registered with Police Station, Ajni,
District Nagpur for the offences punishable under Sections
294, 323, 506 of the Indian Penal Code along with related
Criminal Proceedings bearing Summary Criminal Case
No.1996/2022.
vi. The petitioner shall deposit some of Rs.10,000/- within one
week with the High Court Bar Association, Nagpur.
6 2.wp.49.24 & 50.24-J.odt
10. Rule is made absolute in the above terms.
11. The matter be fixed on 31.01.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 23/01/2024 18:06:11
