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Bombay High CourtAPL/479/2019allowed

Nikhil Indrapal Thakur Pelne, R/O Mhalginagar, Manewada, Nagpur v. State Of Mah. Thr P.So. P.S. Hudkeshwar Distt, Nagpur

2019-05-04Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

Cri.Appl.APL 479 of 19.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Application [APL] No. 479 of 2019.

(Nikhil Indrapal Thakur-Pelne, Manewada, Nagpur & Ors. Vs. State of Maharashtra) ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------- Shri Mir Nagman Ali, Advocate for appellants. Shri A.M.Balpande, APP for State.

CORAM : Z. A. HAQ & VINAY JOSHI , JJ.

DATE : 04.05.2019.

This is a joint application by which parties are seeking quashing of F.I.R. No. 138/2018, registered at Police Station, Hudkeshwar, Nagpur at the instance of applicant no.3. The complaint was relating to robbery, causing hurt and criminal intimidation. Parties have amicably worked out the matter outside the Court. In view of settlement, informant i.e. applicant no.3 do not wish to proceed with criminal case. Hence, he jointly applied for quashing F.I.R.

Since the police machinery was unnecessarily required to investigate the matter, applicants have deposited amount of Rs.20,000/- to compensate the State.

Since, informant does not want to proceed with the criminal prosecution, further exercise would be futile and abuse of process of law. In view of that, we deem it appropriate to quash concerned criminal proceeding.

We accordingly allow this application and quash and setaside F.I.R. No. 138/2018, registered at Police Station, Hudkeshwar, Nagpur.

Cri.Appl.APL 479 of 19.odt 2/2 The amount of Rs.20,000/- be credited to State Victim Compensation Fund.

JUDGE JUDGE Sumit