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Bombay High CourtAPL/421/2020disposed off

Gaurav S/O Charandas Mendhe v. State Of Mah. Thr. Pso Ps Bajaj Nagar , Nagpur And Another

2021-12-21Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

apl 421.20.0dt.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APL) No.421/2020 (Gaurav V State of Maharashtra and another) ******************************************************************************************************************* OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Mr. U.P. Dable, Adv for applicant.

Mr. Khan, APP for State.

CORAM : M.S. SONAK & PUSHPA V. GANEDIWALA, JJ. DATE : 21-12-2021.

Heard learned Counsel for the parties.

2.

Learned Counsel for the applicant as well as nonapplicant no.2 jointly submit that the parties have settled the dispute among themselves. The learned Counsel for non-applicant no.2 submits that it is on account of misunderstanding the First Information (FIR) came to be lodged against the applicant and the non-applicant no.2 no longer wishes to pursue the FIR. 3.

The FIR in this case had lodged for the offences punishable under Sections 324, 504 r/w 34 of the Indian Penal Code (IPC). The offences alleged are personal to the complainant and therefore, following the law laid down by the Hon' ble Apex Court in the case of Narinder Singh and others vs State of Punjab and another reported in (2014) 6 SCC 466, we see not difficulty in quashing the impugned FIR subject to payment of costs.

apl 421.20.0dt.

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The learned Counsel for the applicant, on instructions, states that costs of Rs. 5000/- will be paid by the applicant within one week in favour of the Vidarbha Lady Lawyer' s Association, High Court, Bench at Nagpur.

5.

Statement is accepted.

6.

The impugned FIR No.170 dated 30-09-2018 registered at Bajaj Nagar Police Station, Nagpur is hereby quashed. 7.

The order of quashing will take effect upon payment of costs by the applicant and production of proof/receipt in this proceeding.

8.

If the costs are not paid within one week then this application deemed to have been dismissed without further reference to this Court with costs of Rs. 5000/-. (Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Deshmukh