Datta S/O Arun Bhagat And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5143 OF 2016 Datta s/o Arun Bhagat, Age-21 years, Occu:Labourer, R/o-Shendi, Tq-Nagar, Dist-Ahmednagar ...APPLICANT

VERSUS

1) The State of Maharashtra, (Through Investigating Officer, Topkhana Police Station Ahmednagar, Tq. & Dist-Ahmednagar,

2) Nitin Chandramohar Talwar, Age-42 years, Occu:Business, R/o-Gulmohar Road, Navale Nagar, Ridhi Shidhi Tower, Tq. & Dist-Ahmednagar.

...RESPONDENTS ...

Mr.V.D. Salunke Advocate h/f. Mr. Abhijeet P. Avhad Advocate for Applicant.

Mr.A.R. Borulkar, A.P.P. for Respondent No.1. Mr.A.K. Bhosale Advocate for Respondent No.2. ...

WITH

CRIMINAL APPLICATION NO.5936 OF 2016 IN CRIMINAL APPLICATION NO.5143 OF 2016

1) Datta s/o Arun Bhagat, Age-21 years, Occu:Labourer, R/o-Shendi, Tq. & Dist-Ahmednagar,

2) Nitin s/o Chandramohan Talwar, Age-Major, Occu:Business, R/o-Ridhi Shidhi Tower, Gulmohar Police Chowki, Ahmednagar.

...APPLICANTS

VERSUS

The State of Maharashtra, Through Police Inspector, Topkhana Police Station, Tq. & Dist-Ahmednagar ...RESPONDENTS ...

Mr. V.D. Salunke Advocate h/f. Mr. Abhijeet P. Avhad Advocate for Applicants.

Mr.A.R. Borulkar, A.P.P. for Respondent.

...

CORAM: S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 24TH OCTOBER, 2016 ORDER :

.

Heard the learned counsel appearing for the respective parties. Criminal Application No.5143 of 2016 has been filed for quashing of the

F.I.R. bearing C.R. No.110 of 2016 registered against Applicant - Datta Arun Bhagat for the offence punishable under Section 381 of the Indian Penal Code on the report filed by Respondent No.2 - Nitin Chandramohan Talwar.

2.

Criminal Application No.5936 of 2016 is filed, seeking permission for compounding the matter thereby quashing the above stated F.I.R. 3.

The Applicant and Respondent No.2 are present. They have been identified by their respective Advocates. Along with Criminal Application No.5936 of 2016, they have filed terms of settlement duly signed by them and verified before the Section Officer of this Court. They voluntarily admit the terms of settlement. It is said that due to misconception/ misunderstanding the F.I.R. was lodged by Respondent No.2 against the Applicant and therefore they want to settle the dispute amicably. The terms of settlement are

accepted. Since Respondent No.2 has withdrawn his allegations against Applicant, there is no point in keeping the criminal proceedings pending any more. To meet the ends of justice, the F.I.R. bearing C.R. No.110 of 2016 will have to be ordered to be quashed.

4.

Criminal Application No.5143 of 2016 and Criminal Application No.5936 of 2016 are allowed. The F.I.R. bearing C.R. No.110 of 2016 registered against Datta Arun Bhagat in Topkhana Police Station, Ahmednagar for the offence punishable under Section 381 of the Indian Penal Code is quashed and set aside.

5.

Criminal Application No.5143 of 2016 and Criminal Application No.5936 of 2016 are disposed of, accordingly.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] asb/OCT16