Bombay High Court
Prakash Sahebrao Kolhe And Others vs The State Of Maharashtra Thr. P.S.O.,Ps ... on 25 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10807-DB
Judgment 35 apl 1340.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1340/2024
1. Prakash Sahebrao Kolhe,
Aged 53 yrs., Occ. Private
(accused No.1.)
2. Rajesh Sahebrao Kolhe,
aged about 51 yrs., Occ. Private,
Applicant Nos.1&2 R/o. Plot No.50,
Shri Nagar, Ingole Layout, Mankapur,
Nagpur (accused No.2)
3. Ajay Murlidhar Bhagat,
aged about 41 yrs., Occ. Private,
R/o. Qtr.No. 582, Ward No.6, at
Chankapur, Tah. Saoner, Sillewara
Project, Nagpur (accused No.3)
4. Kamlesh Ghanshyam Sharma,
aged about 26 yrs., Occ. Private,
R/o. Dhake Layout, Godhani (Railway),
Godhni Nagpur (Rural), Nagpur.
(accused No.4)
... APPLICANTS
VERSUS
1. The State of Maharashtra,
through Police Station Officer,
Police Station Mankapur, Nagpur.
2. Geeta Subhash Pande,
Aged 40 yrs., Occ. Housewife,
R/o. Ingole Layout, Nr. Kohle House,
Ganganagar Zhopadpatti, Mankapur,
Nagpur (First Informant/Complainant)
...NON-APPLICANTS
Judgment 35 apl 1340.24
2
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Mr. D.M. Dixit, Advocate for applicants.
Mr. A. Badar, APP for non-applicant No.1.
Mrs. J.S. Chilotra Advocate for non-applicant No.2.
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CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 25.09.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash prosecution namely
S.C.C. No.10358/2017 arising out of Crime No. 217/2017 registered with
Police Station Mankapur, Nagpur for the offence punishable Sections 354
read with Section 34 of the Indian Penal Code on account of mutual
settlement.
4. The informant lady lodged report regarding occurrence dated
19.10.2017. It is her contention that at the relevant time, applicant No.1
Prakash and applicant No.2 Rajesh along with their two associates came to
the house of informant, took up quarrel and caught hold the hands of
Judgment 35 apl 1340.24
informant and thereby committed alleged offence. On the basis of said
report, crime is registered, investigation is completed and charge-sheet filed.
5. The parties are neighborhood of each other, they have amicably
settled the dispute. Informant is mother of Himanshu against whom rival
report has been filed. Considering the rival cases and to maintain peace of
harmony, the parties have settled the dispute.
6. The informant has filed reply-affidavit stating about the
settlement and her no objection to quash the proceeding. The informant
has appeared before use who has been identified by her counsel Mr. J.S.
Chilotra. The informant gave no objection. It is informed that yet the Trial
Court has not commenced the evidence.
7. Having regard to the nature of accusation, continuation of the
prosecution amounts to the abuse of the process of the Court as the matter is
settled.
8. In view of above, application is allowed. We hereby quash and
set aside prosecution namely S.C.C. No.10358/2017 arising out of Crime
No. 217/2017 registered with Police Station Mankapur, Nagpur for the
Judgment 35 apl 1340.24
offence punishable Sections 354 read with Section 34 of the Indian Penal
Code on account of mutual settlement.
9. The learned counsel for applicants expressed to deposit cost of
Rs. 10,000/- for rotating Police Machinery.
10. The applicants shall deposit sum of Rs. 10,000/- within a period
of two weeks from today with the High Court Bar Association, Nagpur.
11. Stand over to 09.10.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 27/09/2024 18:30:17
