Namdev Sitaram Lad v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4171 OF 2018 Namdev Sitaram Lad .....Petitioner versus The State of Maharashtra and anr.

.....Respondents Mr. Sujay H. Gangal, advocate for the petitioner. Mr. K. V. Saste, APP for the State.

Mr. H. A. Sathe, advocate for respondent No.2. CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 29th MARCH, 2019.

P. C. :

Learned counsel for the petitioner, at the outset, seeks leave to amend the petition so as to give particulars of criminal case. Leave as prayed for, is granted. Necessary amendment be carried out forthwith. 2.

Heard learned counsel and learned APP appearing for the respective parties.

3.

The petition is filed for quashing the proceedings of RCC No.33 of 2018 pending on the file of learned JMFC at Mangaon. The said case arises out of registration of FIR bearing CR No.2 of 2018 with Mangaon Police Station, at the instance of respondent No.2, for the offences punishable under Sections 420, 463, 465, 467, 468, 471 and 201 read with Section 34 the Indian Penal Code, 1860. Shubhada S Kadam 1/3

4.

Pending trial, the parties to the petition settled their dispute amicably and, in pursuance of an understanding arrived at between them, have approached this Court for quashing the proceedings of the subject criminal case by consent. Respondent No.2 has filed an affidavit dated 21st September, 2018, wherein he has given his no objection for quashing the proceedings of the subject criminal case. Respondent No.2 is personally present before the Court. On being questioned, he specifically stated that he has gone through the petition and the affidavit as well and has fully understood the contents thereof. He further confirmed that he is giving no objection for quashing the proceedings of the subject criminal case on his own free will and without there being any pressure or coercion.

5.

It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially, in view of the law laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], we find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. However, at the same time, costs need to be saddled on Shubhada S Kadam 2/3

the parties for using the police and judicial mechanism for settling their personal disputes.

6.

Accordingly, the petition is allowed in terms of prayer clause (a) subject to payment of costs of Rs.5000/- by the petitioner to the "Yashodhan Charitable Trust" (having Registration No.1895/Satara, Maharashtra, Account No.60245873355 IFSC Code MAHB000305) an institution that takes care of mentally retarded and elderly people in the downtrodden society. The petitioner shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which, the writ petition shall stand dismissed automatically without further reference to the Court and the order quashing the criminal proceedings shall be treated as non-est. 7.

Subject to above, the writ petition stands disposed of. 8.

All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 3/3