Bombay High Court
Piyush S/O Mahesh Lambat vs State Of Mah. Thr. Pso, Sitabardi, ... on 29 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1214-DB
1
23.apl.1411.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1411 OF 2023
1. Piyush s/o Mahesh Lambat, age : 22
years, Occu : Private job.
2. Rohit s/o Mahesh Lambat, Age : 26
years, Occu : Private, Both R/o Laman
Tanda, Ganeshpeth, Nagpur, Dist.
Nagpur.
... APPLICANTS
VERSUS
1. State of Maharashtra, through
P.S.O., Sitabardi, Nagpur.
2. Nitin Virendra Thakur, Age : 42
years, Occu. : Private, R/o G-
Buttiwada Dhiwar Galli, Tempal
Bazar Road, Sitabardi, Nagpur.
... NON-APPLICANTS.
_____________________________________________________________
Shri M.V. Rai, Advocate for the applicants.
Shri Doifode, Addl.P.P. for the State.
Ms. Sonali Khobragade, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 29.01.2024.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
23.apl.1411.2023.odt
2. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. By this application, the applicants are seeking to quash the
charge-sheet bearing R.C.C. No.4326 of 2023 arising out of Crime
No.590 of 2023 registered with the Sitabardi Police Station, Nagpur
City for the offence punishable under Sections 294, 323, 506(B) read
with Section 34 of the Indian Penal Code, on account of settlement.
4. On 10.09.2023, the informant was proceeding on his two
wheeler along with his wife. The informant noticed that applicant no.1
was carrying large size baggage on his motorcycle, hence the informant
requested him to drive in moderate speed. Applicant no.1 got annoyed
and gave abuses in filthy language. Since there was oral altracation, all
of them went to the concern Police Station where applicant no.2 also
arrived. Both of them have given abuses to the informant in filthy
languate as well as gave threats for dire consequence, hence the report.
5. Applicant no.1 was doing a job of delivery boy whilst
applicant no.2 is his brother. In the meantimen, with the interention of
some middle men, the matter has been amcably settled. The informant
and his wife has filed an affidavit stating that the matter is settled and
23.apl.1411.2023.odt
they do not wish to prosecute the case. Particulary, they state that
applicants are young and have career prospects, therefore they decided
to settle the dispute. By and large, allegations are about abuses in filthy
language and threat on public road. The parties were not acquainted
with each other meaning thereby at the spur of moment incident was
occurred. The offence cannot be termed as henious or anti-social.
6. By the time, the Police machinary has mobalized by
carrying investigation resulting into filing of final report. At this
juncture, learned Counsel for the applicants expressed to deposit sum
of Rs.20,000/- towards the costs. Since the matter has been amicably
settled, considering the nature of accusation, continuation of
prosecution would be abuse of the process of Court. In view of that,
following order :
(a) The Criminal Application is allowed.
(b) We hereby quash and set aside quash the charge-sheet
bearing R.C.C. No.4326 of 2023 arising out of Crime No.590 of 2023
registered with the Sitabardi Police Station, Nagpur City for the offence
punishable under Sections 294, 323, 506(B) read with Section 34 of
the Indian Penal Code.
23.apl.1411.2023.odt
(c) The applicant shall deposit the costs amount of Rs.20,000/-
within two weeks from today with the High Court Bar Association,
Nagpur.
7. The matter be placed on 14.02.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 31/01/2024 18:13:53
