Mudassar Muzafar Ali v. The State Of Maharashtra And ANR

2025:BHC-AUG:28525-DB 1 919.Cri.Appln.906-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 906 OF 2019 MUDASSAR MUZAFAR ALI

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. Shaikh Majit S.

APP for Respondent/State : Mr. A.V. Lavte Advocate for Respondent No.2 : Mr. Kochar Mahendra G. ...

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

Dated : 9th October 2025 PER COURT :

1.

By way of this application, the Applicant is seeking quashment of F.I.R./Crime No.409/2018 dated 02.12.2018 registered with City Police Station, Nandurbar for the offences punishable under Sections 418, 420, 120B, 504, 506 read with 34 of the Indian Penal Code alongwith criminal proceeding arising out of the same bearing R.C.C. No.37/2020 presently pending before the learned Chief Judicial Magistrate, Nandurbar.

2.

However during the pendency of the application, an amicable settlement took place between the Applicants and Respondent No.2/Ashok Vasantlal Chaudhari i.e. Informant. Today, learned Counsel for Respondent No.2/Informant has placed on record affidavit-in-reply of Respondent No.2 alongwith a copy of

2 919.Cri.Appln.906-2019.doc demand draft for an amount of Rs.2,00,000/- drawn on State Bank of India dated 06.10.2025.

3.

On perusal of the said affidavit, it appears that the Applicant and Respondent No.2 have amicably settled their dispute and the Applicant agreed to pay total amount of Rs.20,00,000/-, out of which amount of Rs.18,00,000/- was already paid to Respondent No.2 as per the report submitted by the Investigating Officer. Today, learned Counsel for the Applicant has handed over the demand draft bearing no.016436 dated 06.10.2025, drawn on State Bank of India, High Court branch, Aurangabad, for an amount of Rs.2,00,000/- to the learned Counsel of Respondent No.2.

4.

Further it appears that the dispute between the Applicant and Respondent No.2 appears to be of personal nature arising of the financial transaction between them and therefore considering the ratio laid by the Hon'ble Supreme Court in the matter of Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, the permission to compromise the matter can be granted. 5.

In view of the same, the Criminal Application stands allowed in terms of prayer clause 'A-1' and 'A-2'. Accordingly the criminal proceeding bearing R.C.C. No.37/2020 arising out of the F.I.R./Crime No.409/2018 dated 02.12.2018 registered with City Police Station, Nandurbar for the offences punishable under Sections 418, 420, 120B, 504, 506 read with 34 of the Indian Penal Code, presently

3 919.Cri.Appln.906-2019.doc pending before the learned Chief Judicial Magistrate, Nandurbar, are hereby quashed and set aside subject to cost of Rs.10,000/- to be paid to the Registry for utilization of medical dispensary of this Court within a period of two weeks.

MEHROZ K. PATHAN SANDIPKUMAR C. MORE JUDGE JUDGE NAJEEB..