Hasansab Babusab Patel v. State Of Maharashtra And ANR.

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.374 OF 2022 Hasansab Babusab Patel ] Applicant Vs.

1. The State of Maharashtra ]

2. Sudarshan Satyendra Aigole ] Respondents .....

Mr. Priyal G. Sarda, for Applicant.

Ms. P.P. Shinde, A.P.P, for Respondent No.1-State. Police Naik 596, G.M. Chougule, Mandrup Police Station, Solapur (Rural).

.....

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, J.J.

DATE : 23rd SEPTEMBER, 2022.

P.C.

1.

By this application preferred under section 482 of the Code of Criminal Procedure, 1973, the applicant seeks quashing of the First Information Report bearing C.R. No.61 of 2009 registered with the Mandrup Police Station, Solapur for the alleged offences punishable under sections 420, 467 r/w 34 of the Indian Penal Code.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2022.09.27 14:35:13 +0530

2.

Learned Counsel for the applicant submits that after registration of the said case and after filing of the charge-sheet, a Civil case between the parties has been compromised in 2015. Learned Counsel does not dispute the fact, that the present application is filed on merits and not because the parties have amicably settled their dispute and as such the Respondent No.2 has no objection to the quashing of the proceedings. 3.

Admittedly, this is not an application, seeking quashing of the proceeding with the consent of the parties. Considering the huge delay, in our inherent jurisdiction, we do not deem it fit to entertain this application belatedly, as the application is filed , after more than 13 years. Charge has already been framed in the said case i.e in R.C.C No.1801 of 2009 which is pending before the learned Chief Judicial Magistrate First Class, Court No.9, Solapur. Considering the same, application is dismissed. The learned Judge to conduct a case on it's own merits, uninfluenced by the dismissal of the application.

4.

Considering that the case is of the year 2009, learned Judge to dispose of the said case, as expeditiously as possible and, in any case, within six months from the date of receipt of this order. 5.

All contentions on merit are kept open.

6.

Registry to communicate this order to the Chief Judicial Magistrate First Class, Court No.9, Solapur i.e seized of case bearing R.C.C. No.1801 of 2009.

7.

All parties to act upon the authenticated copy of this order. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]