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Bombay High CourtAPL/638/2025allowed

Nitin Rambhau Bahe And Others v. State Of Maharashtra Through Police Station Gadge Nagar Amravati And ANR.

2025-05-07Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Shri Justice Pravin S. Patil3 pages

2025:BHC-NAG:4940-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.638 OF APPLICANT(S) : 1) NITIN RAMBHAU BAHE Aged 51 years, Occupation - Business R/o.

Kishor Nagar, Amravati, Tq. & Dist. Amravati.

2) SANTOSH NIRANJAN TARPE Aged 51 years, Occupation - Business R/o. Mehta Building, Ambapeth, Amravati, Tq. & Dist.Amravati.

3) PRAVIN DEVIDASRAO INGLE Aged 46 years, Occupation - Business R/o. V.M.V Road, Meghe Complex, Shram Safalya Colony, Amravati, Tq. & Dist. Amravati.

..VERSUS..

NON-APPLICANT(S) :

1) STATE OF MAHARASHTRA, Through P.S. Gadge Nagar, Amravati, Tq.

& Dist. Amravati.

2) ADITYA PRATAP SINGHORE, Aged 36 years, occupation-Business R/o.: Rutupurna, Camp Road, Amravati, Tq. & Dist. Amravati.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Rahul Dharmadhikari, Advocate for Applicant/s. Mr. Anup Badar, APP for the non-applicant/State Mr. S.V. Raghuwanshi, Advocate for the non-applicant No.2 ------------------------------------------------------------------------------------------------------------

CORAM

: ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : 7 th May, 2025 ORAL JUDGMENT : (Per : Anil S. Kilor, J. )

1.

Heard.

2.

Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 3.

This is an application filed under Section 482 of the CrPC for quashing and setting aside the First Information Report (FIR) No.314 of 2025 dated 18.04.2025, registered with police Station Gadge Nagar, Amravati, for the offences punishable under Sections 406, 420 and read with Section 34 of the IPC.

4.

If the allegations made in the FIR are looked into, it is evident that they are of a civil nature and in the said backdrop, the non-applicant No.2 came up with reply, filed on affidavit, stating that the parties have settled the matter amicably out of the Court and he does not want to prosecute further.

5.

As we have already observed that this matter between applicants and the non-applicant No.2 appears to be of a civil nature, such settlement would help to unburden the pendeny of the Court and resolve the dispute forever.

6.

Since the non-applicant No.2 set the police machinery in motion by giving complaint and the police initiated investigation, acceptance of such settlement would be subject to payment of costs. Accordingly, we pass the following order:

(i) The application is allowed.

(ii) The First Information Report No.314 of 2025 dated 18.04.2025, registered with Police Station Gadge Nagar, Amravati, for the offences punishable under Sections 406, 420 and read with Section 34 of the IPC, is hereby quashed and set aside, against the present applicants.

(iii) The applicants and the non-applicant No.2complainant shall deposit the costs of Rs.50,000/- (Fifty Thousand Only) with the Government Pleaders' Library, Bombay High Court, Bench at Nagpur, within two weeks from today.

Rule accordingly.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.)