Bombay High Court
Paras S/O Subhaschandra Jain And ... vs State Of Mah. Thr. The Ivestigating ... on 30 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
1 apl566.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.566/2021
1. Paras S/o Subhashchandra Jain,
aged about 39 Yrs., Occ. Business,
R/o House No.18, HB Town, Pardi
Square, Bhandara Road, Nagpur.
2. Khemraj Jaisingh Parate,
aged about 41 Yrs., Occ. Service,
R/o 301, Umiya Society, Besides
Panjab National Bank, Chapru
Nagar, Nagpur. ... Applicants
- Versus -
1. The State of Maharashtra,
through the Investigating Officer,
Economic Offences Wing, Crime
Branch, Nagpur and Police Station
Officer, Police Station Hingna,
Nagpur, Distt. Nagpur.
2. Ghanshyam Shankarrao Astankar,
aged 75 Yrs., Occ. Agriculturist,
R/o Village Sumthana, Tah. and
Distt. Nagpur. ... Non-applicants
-----------------
Mr. Akash Gupta, Advocate for the applicants.
Ms. S.S. Jachak, A.P.P. for non-applicant No.1/State.
Mr. P.D. Randive, Advocate for non-applicant No.2.
----------------
CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ.
DATED: 30.9.2024.
2 apl566.2021
ORAL JUDGMENT (Per Vinay Joshi, J.)
Heard Mr. Akash Gupta, learned Advocate for the
applicants, Ms. S.S. Jachak, learned A.P.P. for non-applicant
No.1/State and Mr. P.D. Randive, learned Advocate for
non-applicant No.2. This is an application seeking to quash
F.I.R. in Crime No.0244/2021 registered by non-applicant No.1
for the offence punishable under Sections 420, 406 and 120-B of
Indian Penal Code on account of settlement.
2. It is informant's case that he has agreed to sell a piece
of land in consideration of Rs.1.4 Crores to present applicants.
Though the sale deed was executed balance consideration of
Rs.71,00,000/- has not been paid, therefore, the offence of
conspiracy and cheating. It is informed that the chargesheet has
not been filed.
3. The informant has also filed a Regular Civil Suit
No.416/2020 seeking cancellation of sale deed. In said
proceedings the parties have settled the dispute by entering into
settlement. The terms of compromise have also been filed in civil
3 apl566.2021
suit. It was one of the term that the informant would withdraw
the present prosecution.
4. Today the informant is present who is identified by
his Advocate. The informant old man is accompanied by his son
namely Moreshwar. Informant has filed a reply stating about the
settlement and his no objection. We have ascertained the
contents of reply from the informant to which he agreed.
6. It was a private transaction between the parties
pertaining to sell of land. The offence cannot be termed as
heinous or antisocial. In the circumstances, there is no difficulty
in exercising our inherent powers.
7. In view of above, application is allowed. We hereby
quash and set aside F.I.R. in Crime No.0244/2021 registered by
non-applicant No.1 for the offence punishable under Sections
420, 406 and 120-B of Indian Penal Code on account of
settlement.
(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 04/10/2024 10:36:38
