Smt. Rashmi W/O. Salil Majgoankar v. State Of Maharashtra Thr. Police Station Officer Shakarrdara Nagpur And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 67/2018 Smt. Rashmi W/o Salil Majgoankar Aged about: 48 Years Occupation: Business R/o. 81, Hill Road, Ramnagar Nagpur - 440033.
..... PETITIONER // VERSUS // 1.
State of Maharashtra Through Police Station Officer, Shakarrdara, Nagpur 2.
Shri Sunil Thulkar Sub- Registrar No. 2 Office at, Mahadgikar Nagar Chowk, 1st Floor, Above Bank of Baroda Nagpur .... RESPONDENT(S) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shyam Dewani, Advocate for the petitioner Mr. I.J. Damale, APP for respondent no. 1 None for respondent no. 2 Mr. D.J. Sindhu, Advocate for the complainant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM :SUNIL B. SHUKRE AND M. W. CHANDWANI, J.J.
DATED : 08/12/2022 ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.) Heard.
It is stated by the learned Counsel for the petitioner and the the complainant (i.e. Mr. Sudhir S/o. Madanlal Gupta) that Crime No.
3003/2018 registered for the offence punishable under Sections 82 of the Registration Act, at Police Station Sakkardara, Nagpur was a result of mis-understanding between the petitioner and the complainant, which mis-understanding arose out of their private dispute. This is also the submission of the petitioner and the complainant, who are personally present before this Court and they are identified by their respective Counsel. The complainant points out that he has already filed an affidavit stating all these facts and settlement between between the petitioner and the complainant and that he has no objection, if the writ petition is allowed.
3.
The learned APP for respondent no. 1 submits that an appropriate order in the matter be passed.
4.
We are satisfied that the dispute which lies at the core of the crime registered against the petitioner in this case is of a private nature and in view of the settlement between the parties, we are of the further view that it is a fit case for making interference. Accordingly, the writ petition is allowed in terms of prayer clauses (a) and (a-1), which read as under:
"a) Quash and set aside the FIR registered by the Respondent no. 2 vide Crime No.3003/2018 at P.S. Sakkardara, Nagpur for he offences punishable under Section 82 of the Registration Act, 1908 (ANNEXURE-R) and all the consequential investigations/ actions/ proceedings thereto in the peculiar facts and circumstances of the present case and in the interest of justice;
(a-1)Quash and set aside the prosecution launched in the present matter vide Regular Criminal Case No. 29487/2018 pending before the Learned JMFC Corporation Court No.1, Nagpur, in the peculiar facts and circumstances of the case and in the interest of justice;"
This is, however, subject to condition that the petitioner shall deposit an amount of Rs.15,000/- (Rupees Fifteen Thousand only) and the complainant (i.e. Mr. Sudhir S/o. Madanlal Gupta) shall deposit an amount of Rs.5,000/- (Rupees Five Thousand only) as a cost of the litigation, in the account of the Office of the Government Pleader, High Court of Bombay, Nagpur Bench, Nagpur within a period of two weeks from the date of the order, failing which, these amounts shall be recovered by the Registry in accordance with law by treating it as fine imposed by this Court.
5.
Rule is made absolute in the aforesaid terms. (M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.) SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2022.12.09 15:02:22 +0530