Bombay High CourtAPL/1222/2022disposed off

Umashanakr S/O Ramakant Pandey And 3 Others v. The State Of Mha. Thr. Pso Ps Kapil Nagar Nagpur And Another

2022-09-07Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice Anil L. Pansare2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1222 OF 2022 ( Umashankar s/o Ramakant Pandey and others ..vs.. State of Maharashtra, through its PSO, PS Kapil Nagar, Nagpur and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.P. Vyas, Counsel for the applicants, Mr. T.A. Mirza, Addl.P.P. for non-applicant 1/State, Mr. D.S. Jagyasi, Counsel for non-applicant 2. CORAM : ROHIT B. DEO & ANIL L. PANSARE , J J .

DATED : 07-09-2022 The applicants are the accused in Crime 325/2022 registered at Police Station Kapil Nagar, Nagpur for offences punishable under Sections 420, 465, 467 and 468 read with Section 34 of the Indian Penal Code, on the basis of complaint lodged by non-applicant 2.

The learned Counsel for the applicants and the learned Counsel for non-applicant 2 state in unison that the crime is registered in view of some misunderstanding and in view of the fact that the complainant was not aware that the sale-deed was duly corrected in 2006 itself. The applicants and non-applicant 2 are jointly requesting that First Information Report dated 17-8-2022 and Crime 325/2022 be quashed since the dispute is amicably resolved and in any event, the dispute was in essence a civil dispute.

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While we are accepting the prayer for quashment, since the entire police machinery is set in motion, and precious time of the police machinery must have been consumed, we direct that the applicants and nonapplicant 2 shall each deposit Rs.20,000/- (Rupees Twenty Thousand) with the registry of this Court in the next two weeks. If the amount is deposited, the same shall be transferred to the account of the Police Welfare Fund, Nagpur City.

If the amount is not deposited as directed, the disposed of application be listed under the caption "for directions".

(ANIL L. PANSARE, J.) (ROHIT B. DEO, J.) adgokar MANOHARRAO ADGOKAR