Chandrakant Laxman Kambale v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2222 OF 2020 Chandrakant s/o LaxmanKambale Age 61 years, occ. Pensioner R/o House No. 44, Bagroja Hudco Delhi Gate, Tq. & Dist. Ahmednagar Applicant

Versus

1.

The State of Maharashtra Through Police Station Offcer, Topkhana Police Station Ahmednagar, Dist. Ahmednagar 2.

Santosh Bhimrao Kale Age 45 years, occ. Business R/o 619, Chitale road, Tq. & Dist. Ahmednagar Respondents Mr. R.S. Kasar, Advocate for applicant.

Mr. A.V. Deshmukh, APP for respondent No. 1. Mr. S.r. Zambare, Advocate for respondent No. 2. CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 25th February, 2021.

ORAL JUDGMENT : (Per T.V. Nalawade, J.) 1.

Rule. Rule made returnable forthwith.

2.

By consent, heard both the sides for fnal disposal at

- 2 - admission stage.

3.

Present proceeding is fled for relief of quashing and setting side CR No. 7558/2020 registered with Tophkhana Police Station, Dist. Ahmednagar for the offence punishable under Sections 403, 406, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 465, 468 and 469 of the Indian Penal Code.

4.

During argument, learned counsel for the applicant and learned counsel for respondent No. 2 - informant submitted that the parties have settled the dispute. Reply-affdavit to that effect containing the terms of settlement is fled on record. It is the contention of the informant that he gave the complaint due to misconception and misunderstanding. He has no objection to grant the aforesaid relief in favour of the applicant. 5.

By way of precaution, this Court had asked the learned APP to fnd out antecedents of the applicant. The report submitted by learned API, Tophkhana Police Station, shows that there are no such antecedents against the applicant. The report further shows that one case under Section 138 of the Negotiable Instrument Act is

- 3 - fled against the applicant.

6.

In view of these circumstances and as the dispute is settled, this Court pass the following order :-

ORDER

i) Application is allowed.

ii) Relief is granted in terms of prayer clause 'B'.

iii) Rule made absolute in those terms.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb