Shradha Sunil Kasurde And ANR v. The State Of Maharashtra

2023:BHC-AS:24629-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3511 OF 2021

1. Sau. Shradha Sunil Kasurde Occ. Business,

2. Shri Sunil Balasaheb Kasurde Age 30 years, Occ: Business Both R/o. House-402, Ravi Renaissance, Behind Hotel Express Inn, Pathardi Phata, Ambad, Nashik, Dist. Nashik.

.... Petitioners v/s.

1. The State of Maharashtra At the instanace of Niphad Police Station, Tal. Niphad, Dist. Nashik

2. Shri Balasaheb Jagannath Dhomse Age 57 years, Occ: Agriculturist At Post Ugaon, Tal. Niphad, Dist. Nashik.

... Respondents WITH CRIMINAL APPLICATION NO. 436 OF 2023 Sachin Raghunath Sandhan Age 35 years, Occ: Agriculturist, Flat No.6, Gaurav Apt, Pandit Colony, Gangapur Road, Page No. 1 of 5

Nashik.

.... Applicant v/s.

1. The State of Maharashtra At the instance of Niphad Police Station, Dist. Nashik.

2. Shri Balasaheb Jagannath Dhomse Age 57 years, Occ: Agriculturist At Post Ugaon, Tal. Niphad, Dist. Nashik.

... Respondents Mr. Satyajeet P. Dighe for the petitioners in wp and for applicant in cr. Application.

Mr. Abhijit Khade for respondent no.2 in both matters. Mr K.V. Saste, APP for the State.

CORAM: NITIN W. SAMBRE & R. N. LADDHA, JJ.

DATE : 13 JULY 2023 Order (Per R. N. Laddha, J.) :- Heard learned counsel for the parties.

2.

Rule. The Rule is made returnable forthwith, with the consent of and at the request of the learned counsel for the parties.

3.

By this Criminal Writ Petition and Criminal Application, Page No. 2 of 5

the Petitioners and applicant seek to quash FIR bearing C.R. No.933 of 2021 dated 18 October 2021, registered at Niphad Police Station, Nashik, for the offence punishable under Sections 294, 506 read with 34 of the Indian Penal Code. They seek to quash the impugned FIR on the ground that they have amicably settled the dispute with Respondent No.2. 4.

When both these matters were placed before us, it was stated by the learned counsel for the parties that the dispute has been amicably settled between the parties. They submitted that continuing the prosecution would serve no purpose, given their settlement. They submitted that these matters are arising out of the same incident. According to the learned counsel these matters fall under the purview of the law laid down by the Hon'ble Supreme Court in Gian Singh v/s. State of Punjab & Anr.

1 and Narinder Singh & Ors. v/s. State of Punjab and Anr.

5.

Respondent No.2 in both these matters has filed the consent affidavits. Respondent No.2 is present in the Court and stated that he has no objection to quash the impugned FIR against the Petitioners and Applicant due to a settlement between them. Upon questioning, he confirmed the contents 1 (2012) 10 SCC 303.

2 (2014) 6 SCC 466.

Page No. 3 of 5

of his affidavits and was identified by his counsel. The learned APP has verified his original Aadhar Card, of which a selfattested copy is placed on record. Further, he stated that due to a misunderstanding and misconception about correct identity of the Petitioners and Applicant, the FIR was lodged against them.

6.

We have examined the facts of this case. It revealed from the record, particularly the affidavits filed by Respondent No.2 in both matters, that the parties had settled their dispute, and the FIR was lodged against the Petitioners and applicant due to misunderstanding. The affidavits support the prayers in petition as well as application. No fruitful purpose will be achieved by keeping the prosecution alive, given the settlement between them. As the complainant/respondent No.2 is no longer willing to support the allegations, continuing the prosecution would be an empty formality. 7.

Considering the peculiar facts and circumstances, we see no difficulty in quashing the impugned FIR and the proceedings arising therefrom qua the Petitioners and Applicant.

8.

Upon expressing our opinion, the learned counsel Page No. 4 of 5

representing Petitioners and Applicant, on instructions, submitted that both the Petitioners and Applicant will pay costs of Rs.5,000/- each to the Kirtikar Law Library, Mumbai. The statement is accepted as an undertaking given to this Court. Accordingly, we direct each of the Petitioners and Applicant to pay costs of Rs.5,000/- within three weeks of this order being uploaded.

9.

In view of this, the impugned FIR bearing C.R. No.933 of 2021, registered at Niphad Police Station, Nashik, and the proceedings arising therefrom are quashed and set aside qua the Petitioners and Applicant in these respective matters.

10. Rule is made absolute in these terms. The Criminal Writ Petition and Criminal Application stand disposed of subject to payment of costs as directed above.

R. N. LADDHA, J.

NITIN W. SAMBRE, J.

Lata.S.Panjwani, P.S.

Page No. 5 of 5