Subhashchandra S/O Narbdeshwar Singh, R/O D-7, Adarsh Nagar Colony, Posted In v. Stte Of Mah, Thr P.So. P.S. Jaripatka, Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.499 OF 2019 (Subhashchandra s/o Narbdeshwar Singh vs. State of Maharashtra and another) WITH CRIMINAL APPLICATION (APL) NO. 529 OF 2019 (Mrs. Swati w/o Mrunal Sangode vs. State of Maharashtra and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CRIMINAL APPLICATION NO.499 OF 2019 Shri U.R. Phasate, Advocate for applicant.

Shri S.A. Ashirgade, Additional Public Prosecutor for respondent no.1.

Shri B. Dafle, Advocate for respondent no.2.

--------- CRIMINAL APPLICATION NO.529 OF 2019 Shri B. Dafle, Advocate for applicant.

Shri S.A. Ashirgade, Additional Public Prosecutor for respondent no.1.

Shri U.R. Phasate, Advocate for respondent no.2. --------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : JULY 18, 2019 Heard learned Counsel for the parties.

These applications are filed by applicants for quashing of first information report registered for offences punishable under Sections 341 and 427 of Indian Penal Code vide Crime No.163/2019 by Police Station, Jaripatka, Nagpur and for offence punishable under Section 456 of Indian Penal Code registered vide Crime No.164/2019 by same Police Station.

Both the applicants are present, who are

2/3 respective complainants in the above first information reports and have referred to compromise deed filed at Annexure 2 in Criminal Application No.499/2019, which is duly signed by respective parties. Accordingly, we find that reports lodged by the complainants, on the basis of which present crimes came to be registered, are amicably settled.

In view of facts as aforesaid and considering the compromise deed filed by the parties and the law laid down by the Hon'ble Apex Court in the case of Narinder Singh and Others vs. State of Punjab and another {(2014) 6 SCC 466) wherein it is held that when the parties have reached the settlement and on that basis, application for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure (i) ends of justice, or (ii) to prevent abuse of the process of any Court, we find that there is no purpose in keeping the prosecution pending as it would amount to futile exercise.

Accordingly, both F.I.R. Nos. 163/2019 and 164/2019 registered by Police Station, Jaripatka, Nagpur are quashed and set aside. However, applicant in Criminal Application No.499/2019 shall deposit costs of rupees ten thousand and applicant in Criminal Application No.529/2019 shall deposit costs of rupees five thousand with the Registry of this Court within one week. On depositing the amount, the same shall be paid to Panchwati Vrudhashram, Umrer Road, Nagpur.

3/3 The applications are disposed of in the above terms.

JUDGE JUDGE khj