Bombay High Court
Ritesh S/O. Shalikram Pande vs State Of Mah. Thr. Its Pso, Ps Sonegaon, ... on 6 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5603-DB
1 58.apl.94.23 & 79.23-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 94 OF 2023
WITH
CRIMINAL APPLICATION (APL) NO. 79 OF 2023
CRIMINAL APPLICATION (APL) NO. 94 OF 2023
1. Arvindkumar Singh S/o. Ramprasad Singh,
Aged 48 years, Occupation - Business,
Resident of Flat No.301, MAX Sanman
Society, Harihar Nagar, Besa, Nagpur.
2. Sunil s/o. Mahendra Narayan Choudhary,
Aged 51 years, Occupation - Business,
Resident of Flat No.209, MAX Sanman
Society, Harihar Nagar, Besa, Nagpur.
3. Santoshkumar S/o. Somrajsingh,
Aged 47 years, Occupation - Business,
Resident of Flat No.201, MAX Sanman
Society, Harihar Nagar, Besa, Nagpur.
4. Balramkumar S/o. Navalkishor Singh,
Aged 25 years, Occupation - Business,
Resident of Arvindkumar Singh,
Resident of Flat No.102, MAX Sanman
Society 'B', Harihar Nagar, Besa, Nagpur. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through its Police Station Officer,
Police Station Sonegaon, Nagpur.
2. Smt. Kalpana w/o. Raju Sarve,
Aged 30 years, Occupation - Service,
R/o. Plot No.204, Shukrawari,
Near Ram Coolers, P. O. Ganeshpeth,
Nagpur.
2 58.apl.94.23 & 79.23-J.odt
3. Hemant S/o. Sikandar Jham,
Aged 32 years, Occupation - Business,
R/o. Plot No.13, Medical Chowk,
Raja Baxa, Nagpur,
Presently in Central Jail. ...NON-APPLICANTS
WITH
CRIMINAL APPLICATION (APL) NO. 79 OF 2023
Ritesh S/o. Shalikram Pande,
Aged about 36 years, Occupation - Business,
Resident of Flat No.410, MAX Sanman
Society, Harihar Nagar, Besa, Nagpur. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through its Police Station Officer,
Police Station Sonegaon, Nagpur.
2. Smt. Kalpana w/o. Raju Sarve,
Aged 30 years, Occupation - Service,
R/o. Plot No.204, Shukrawari,
Near Ram Coolers, P. O. Ganeshpeth,
Nagpur.
3. Hemant S/o. Sikandar Jham,
Aged 32 years, Occupation - Business,
R/o. Plot No.13, Medical Chowk,
Raja Baxa, Nagpur,
Presently in Central Jail. ...NON-APPLICANTS
------------------------------------------------------------------------------------------------
Mr. U. P. Dable, Advocates for Applicants.
Ms. T. H. Udeshi, A.P.P. for Non-applicant/State.
Mr. P. P. Sarise, Advocate for Non-applicant No.2.
Mr. A. K. Naik, Advocate for Non-applicant No.3.
-----------------------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 06.05.2024
3 58.apl.94.23 & 79.23-J.odt
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. All applicants are jointly seeking to quash charge-sheet
(R.C.C.No.4487/2016) arising out of First Information Report vide Crime
No.78/2016 registered with Police Station, Sonegaon, District Nagpur for
the offences punishable under Sections 365, 342, 504, 506, 323 read with
Section 34 of the Indian Penal Code on account of mutual settlement.
4. At the instance of the report lodged by the informant - Kalpana
dated 01.04.2016, a crime has been registered. The informant was serving
as an Accountant with victim Hemant Jham, who is Builder and Developer.
They have accepted advance amounts from various customers, however,
could not hand over possession of respective premises. On 01.04.2016 all
the applicants entered into the office of Hemant Jham, threatened to return
the money and on refusal, forcibly abducted Hemant Jham. All of them
took victim to a secluded place and after giving threats fled. On the basis of
the said report, the police have registered the crime and carried out the
investigation. The police have rescued the victim on the very day and on
completion, filed the charge-sheet. It is informed that though the charge-
4 58.apl.94.23 & 79.23-J.odt
sheet has been filed in the year 2016 till date the Trial Court has not framed
charges.
5. The parties have settled the dispute out of the Court. Both sides
being indulging into construction activities, they have decided to put an end
to the dispute. In view of that, the informant as well as the victim both
have filed reply stating that the matter is settled and they do not want to go
on with the prosecution. The informant - Kalpana is present before us, who
is identified by learned Counsel Mr. Sarise. The victim - Hemant Jham is
also present before us, who is identified by learned Counsel Mr. Naik. Both
of them have stated that the matter has been settled and they do not wish
to go on with the prosecution.
6. Essentially, it was a business transaction where the applicants
have invested the money with a hope to get the property, however, due to
lapses on the part of the victim, the transaction was not materialized. The
applicants, who are investors insisted the informant to return the money,
but after perceiving that they could not get refund, they took a step, which
is not approvable in the eyes of law. The offence cannot be termed as
against the society or heinous one. By the time, the parties have settled the
dispute and no one has grievance. In the circumstances, continuation of the
prosecution amount to abuse of the process of the Court.
5 58.apl.94.23 & 79.23-J.odt
7. The learned Counsel for the applicants expressed that they
would deposit sum of Rs.25,000/- in each petition towards rotating the
police machinery as well as for consuming public time.
8. In view of the above, both the applications are allowed. We
hereby quash and set aside the charge-sheet (R.C.C.No.4487/206) arising
out of First Information Report vide Crime No.78/2016 registered with
Police Station, Sonegaon, District Nagpur for the offences punishable under
Sections 365, 342, 504, 506, 323 read with Section 34 of the Indian Penal
Code.
9. The applicants of both the applications shall deposit Rs.25,000/-
in each application within two weeks from today with the High Court
Government Pleader's Library, Nagpur.
10. List the matter on 10.06.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Mrs. R.M. MANDADE
RGurnule
Designation: PA To Honourable Judge
Date: 09/05/2024 16:55:39
