Anwar Khan Hanif Khan v. The State Of Mah. Thr. Pso Ps Murtizapur (City) Tq.Murtizapur Dist.Akola And Another

1 apl306.2024(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.306/2024 (Anwar Khan Hanif Khan Vs. The State of Maharashtra and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.C. Wankhade, Advocate for the applicant. Ms. M.H. Deshmukh, A.P.P. for non-applicant No.1/State. Mr. S.I. Ali, Advocate for non-applicant No.2. CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ. DATED: 30.9.2024.

Heard.

2.

This is an application seeking to quash criminal prosecution namely R.C.C. No.29/2024 arising out of Crime No.0381/2023 registered by non-applicant No.1 for the offence punishable under Section Sections 384, 385 and 506 of Indian Penal Code.

3.

The informant was a Government Contractor. The applicant is a local News Reporter who was acquainted with the informant. It is the prosecution case that from time to time the applicant has pressurized the informant to deliver various sums and, therefore, the offence of extortion. 4.

The parties are inhabitant of same area. They have settled the matter out of Court. The informant has also filed a reply stating about settlement and his no objection. He has also produced a copy of settlement deed which was executed in between the parties.

5.

On last date the informant has appeared and expressed about his no objection to quash the proceedings. Advocate Ali who is appearing for informant has today also reiterated that the matter is settled and informant has no

2 apl306.2024(1) objection to quash the proceedings.

6.

By and large a police report was filed alleging that time to time amounts have been extracted by putting the applicant under fear of injury. In order to maintain cordial relations the parties have settled the dispute out of Court. The offence cannot be termed as heinous or antisocial. 7.

Having regard to the above facts, we are inclined to exercise our inherent powers.

8.

The applicant undertakes to deposit a sum of Rs.10,000/- for rotating the police machinery. 9.

In view of above application is allowed. We hereby quash and set aside criminal prosecution namely R.C.C. No.29/2024 arising out of Crime No.0381/2023 registered by non-applicant No.1 for the offence punishable under Section Sections 384, 385 and 506 of Indian Penal Code. 10.

The applicant shall deposit costs of Rs.10,000/- with High Court Bar Association, Nagpur within two weeks. 11.

Stand over to 15.10.2024 for noting compliance. (MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.