Bombay High Court
Nitin S/O Surendra Jaiswal And Another vs State Of Mah. Thr. Pso Ps Deolapar ... on 22 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1117-DB
Judgment 912 apl 1695.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1695/2023
1. Shri Nitin s/o Surendra Jaiswal,
Aged about 42 yrs., Occ. Business,
R/o. Ward No.2, Village Katta,
Deolapar, Tah. Ramtek, Dist. Nagpur.
2. Shri Kishor s/o. Ramlal Jaiswal,
aged about 66 yrs., Occ. Business,
R/o. Ward No.1, At post Deolapar,
Tah. Ramtek, Dist. Nagpur.
... APPLICANTS
VERSUS
1. State of Maharashtra,
through the Police Station Officer,
Police Station Deolapar, Dist. Nagpur.
2. Mrs. Sarita w/o. Krunal Manwatkar,
Aged about 29 yrs., Occ. Housewife,
R/o. Plot No.116, Nari Road, Samta
Nagar, Nagpur Dist. Nagpur-440013 aslo
Post Katta, Ramtek, Devlapar,
Nagpur gramin, Nagpur.
... NON-APPLICANTS
---------------------------------
Mr. A.C. Khare, Advocate for applicants.
Mrs. S.V. Kolhe, Addl. Public Prosecutor ('APP') for non-applicant
No.1.
Mrs. P. Manthapurwar, Advocate for non-applicant No.2.
----------------------------------
Judgment 912 apl 1695.23
2
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 22.01.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report vide Crime No.397/2023 registered with Police Station
Deolapar, Dist. Nagpur for the offence punishable under Sections
294, 506 of the Indian Penal Code, Sections 3(1)(r), 3(1)(s), 3(1)
(u), 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 on account of settlement.
4. The informant lady along with her husband were running
eatery owned by the applicants. It is her case that the applicants
were instigating her to vacate the premises. On 09.09.203 in the
afternoon, both applicants abused her in the name of caste, gave
threats and therefore, the offence.
5. In the meantime, the parties have amicably settled the
dispute. The informant and her husband have filed affidavit stating
that the matter has been settled and they have no objection to quash
Judgment 912 apl 1695.23
the proceeding. Both were present before us and identified by their
Advocate. Both have stated about the settlement and there was no
objection to quash the proceeding.
6. The offence cannot be termed as heinous or anti-social. It
was a private dispute between two individuals occurred on account
of vacating the premises. Since the dispute is settled, continuation of
trial amounts to abuse of the process of the Court. The learned
counsel appearing for applicants submits that the applicant would
deposit sum of Rs. 10,000/- towards the cost for engaged police
machinery.
7. In view of above, application is allowed. We hereby
quash First Information Report vide Crime No.397/2023 registered
with Police Station Deolapar, Dist. Nagpur for the offence punishable
under Sections 294, 506 of the Indian Penal Code, Sections 3(1)(r),
3(1)(s), 3(1)(u), 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 on account of settlement.
8. The applicants shall deposit sum of Rs. 10,000/- to the
High Court Bar Association, Nagpur within a period of two weeks
from today.
Judgment 912 apl 1695.23
9. Application stands disposed of in above terms.
10. Stand over to 05.02.2024 for compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 29/01/2024 19:38:58
