Pravin Sudhirrao Bangale v. State Of Maharshtra Thr. P.S. Hudkeshwar, Nagpur City And ANR.
2025:BHC-NAG:4518-DB 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 333 of 2025 Pravin S/o Sudhirrao Bangale, Aged about 45 years, R/o 82, Old Subhedar Layout Near Gajanan Maharaj Mandir, Nagpur.
... Applicant // VERSUS // 1.
State of Maharashtra through Police Station Officer, Police Station Hudkeshwar, Nagpur City 2.
Shri Ashish S/o Yashwantrao Laxane, Aged about 44 years, R/o Gajanan Maharaj Mandir Road, Q.No.
3/119, Raghuji Nagar, Somwari Peth, Hanuman Nagar, Nagpur 440 009 ... Non-applicants Shri Madan D. Puranik, Advocate for the applicant. Ms. M.H.Deshmukh, APP for the non-applicant no.1/State. Shri Dewang Deepak Vaidhya, Advocate for the non-applicant no.2. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.
DATED : 22nd APRIL, 2025.
ORAL JUDGMENT : (PER : PRAVIN S. PATIL, J.) Rule. Rule is made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken for final disposal.
2/4 2.
By this application filed under Section 482 of Code of Criminal Procedure, the applicant is seeking to quash and set aside the First Information Report registered with Police Station Hudkeshwar vide Crime No. 17 of 2025 for the offence punishable under Sections 406 and 420 of Indian Penal Code.
3.
In the present case, it is alleged that the informant in the year 2020 was in search a second hand four wheeler vehile, that time he came in contact with the applicant. After purchase of the four wheeler car, it is found that applicant has cheated the informant by purchasing the said vehicle in his own name instead of informant. As such, on the allegation of cheating the offence came to be registered under Sections 406 and 420 of Indian Penal Code against the applicant.
4.
After registration of the crime against the applicant, because there was intervention of senior family members and well wisher of the applicant and non-applicant no.2, the entire dispute has been amicably settled and accordingly the present applicant agreed to deposit the disputed amount of Rs.7,00,000/- to the bank account of non-applicant no.2 and thereafter non-applicant no.2 will hand over the four wheeler
3/4 car to the applicant. It is further stated that on 10th February, 2025 the present applicant deposited the amount of Rs.7,00,000/- to the bank account of non-applicant no.2 and on same day non-applicant no.2 handed over four wheeler to the present applicant. Non-applicant no.2 by filing his affidavit dated 15th April, 2025 confirmed the facts. He further stated as the dispute has been amicably resolved between them, he has no objection for quashing of the First Information Report registered against the applicant.
5.
In the case of Narinder Singh and others Vs. State of Punjab and another reported in 2014(6) SCC 466, it is held that in the case where predominately civil character and arising out of transaction between individuals, should be accepted and there is no impediment of Section 320 of the Code of Criminal Procedure to compound the offence. 6.
In view of amicable settlement between the parties and the offence is predominately of transaction between two individuals, we are of the confirmed opinion that such amicable settlement can be accepted, hence, we proceed to pass the following order.
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ORDER
i.
Criminal application is allowed ii.
The First Information Report dated 9th January, 2025 registered with Police Station Hudkeshwar vide Crime No. 17 of 2025 for the offence punishable under Sections 406 and 420 of Indian Penal Code is hereby quashed and set aside against the applicant - Pravin S/o Sudhirrao Bangale.
Rule is made absolute in aforesaid terms. No order as to costs. [PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.]