Tanmay Naresh Dudhani v. State Of Maha Thr Pso. Ps. Jaripatka, Nagpur And ANR.
2025:BHC-NAG:4999-DB 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 470 of 2025 Tanmay Naresh Dudhani, Aged about 32 years, Occ. Doctor, R/o Flat No. 107, B-Block, Sagar Premium Tower, Bhopal, Madhya Pradesh ... Applicant // VERSUS // 1.
State of Maharashtra through Police Station Officer, Police Station Jaripatka, Nagpur.
2.
Anila Ashok Moryant, Aged about 35 years, Occ. Doctor, R/o Block No. 54, Hemu Colony Chowk, Sai Ram Sanitary and Hardware, Jaripatka, Nagpur ... Non-applicants Shri Zeeshan Z. Haq, Advocate for the applicant. Shri G.S.Umale, APP for the non-applicant no.1/State. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.
DATED : 21st 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.
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 against the applicant vide Crime No.
2/4 700 of 2023 registered with Police Station Jaripatka dated 29th August, 2023 for the offence punishable under Sections 406, 420, 467 and 468 of Indian Penal Code.
3.
In the present case, the offence came to be registered on the complaint of non-applicant no.2 who alleged in her complaint that applicant is related to his family and was staying at his home to take care of mother of non-applicant no.2. During that period he has cheated by forging her signatures and committed misappropriation of amount. As such, on this allegation the criminal proceeding set into motion. The applicant challenged the said registration of offence before this Court stating that he has not committed any misappropriation. However, due to misunderstanding between the applicant and non-applicant no.2, the complaint has been lodged but as said misunderstanding is now clear, the non-applicant no.2 and applicant resolved the dispute amicably out of the Court. As such, on that count, he prayed to quash and set aside the present criminal application.
4.
After issuing notice to the non-applicant no.2, on his appearance in the matter on 21st April, 2025, affidavit came to be filed on
3/4 record stating that the matter has been amicably settled between them and therefore he do not want to proceed against the present applicant. 5.
In the present matter, the offence registered against the applicant for the misappropriation of amount. The dispute is predominately of civil character and arising out of transactions between the individuals. As per the law laid down by Hon'ble Supreme Court of India 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 the issue of predominantly of civil character and arising out of commercial transaction wherein both the parties have resolved their entire dispute among themselves, then such amicable settlement should be accepted to meet the ends of justice.
6.
In view of above, we are of the confirmed opinion that there is no impediment to accept the amicable settlement arrived between the applicant and non-applicant no.2. Accordingly, we proceed to pass the following order.
4/4
ORDER
i.
Criminal application is allowed ii.
The First Information Report vide Crime No. 700 of 2023 registered with Police Station Jaripatka dated 29th August, 2023 for the offence punishable under Sections 406, 420, 467 and 468 of Indian Penal Code is hereby quashed and set aside against the applicant - Tanmay Naresh Dudhani.
Rule is made absolute in aforesaid terms. No order as to costs. [PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.]