Jagdish Jha S/O. Anantlal Jha And Others v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 561 OF 2019 1.

Jagdish Jha S/o. Anantlal Jha, Aged about 75 years, Occ:

Service, R/o. Sunflag Colony Warthi, Bhandara, District- Bhandara.

2.

Pranav Bharadwaj S/o Ravi Bhushan Bharadwaj, Age 45 years, Occu: Business, R/o. 16, Jor Bagh, New Delhi.

3.

Surendra Kumar Gupta S/o Late Premnarayan Gupta, Age- 70 years, Occu: Business, R/o. Byramji Town, Nagpur, District- Nagpur.

Present residing at 33, Mount Road, Sadar Nagpur, District Nagpur.

... APPLICANTS (Orig. Accused) V E R S U S 1.

The State of Maharashtra, Through Police Station Officer, Police Station Chadanzira, Jalna, Dist. Jalna.

2.

Arpan Goel, M/s. Kamal Udyog, Plot No D-30, MIDC Area Jalna, District Jalna.

... RESPONDENTS (Orig. Complainant)

...

Mr. A. C. Dharmadhikari, Advocate for Applicants. Mr. P. G. Borade, APP for Respondent No.1.

Mr. V. A. Bagdiya, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & MANGESH S. PATIL, JJ.

DATE :

25th April, 2019.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

The proceeding is filed for relief of quashing of FIR No.383 of 2018, registered with Chandanzira Police Station, District Jalna, for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code.

This Court has carefully gone through the allegations made in the FIR. It was a private transaction. In respect of supply of goods, some amount was not paid and then FIR was given. Today, during the arguments, the learned counsel for Applicants and the

learned counsel for first informant submitted that the parties have settled the dispute. To that effect, they have filed memorandum of compromise. It is taken on record. It is advisable that the affidavit containing the terms of companies and no objection for giving relief are put by way of affidavit by the first informant. Such statement is made. It is to be produced today only as the first informant is present in the Court hall. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (A). III.

Rule is made absolute in those terms.

[ MANGESH S. PATIL, J. ] [ T. V. NALAWADE, J. ] ndm