Jayant S/O Himmatrao Yadgire And Another v. The State Of Maharashtra, Thr. P.S.O. P.S. Frezarpura, Amravati And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APL) No.606 of 2016 [Jayant s/o Himmatrao Yadgire and another v. The State of Maharashtra, through PSO, PS Frezarpura, Tq. & Dist. Amravati, and another] Along with connected matter, i.e.

Criminal Application (APL) No.864 of 2015 [Vijay s/o Shankarrao Jadhao v. State of Maharashtra, through Police Station Frezarpura, Amravati, Tah. & Dist. Amravati, and others] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order In Criminal Application (APL) No.606 of 2016 : Shri R.M. Patwardhan, Advocate for Applicants. Shri S.M. Ukey, Additional Public Prosecutor for Respondent No.1/State.

Shri P.S. Patil, Advocate for Respondent No.2. In Criminal Application (APL) No.864 of 2015 : Shri S.D. Khati, Advocate for Applicant.

Shri S.M. Ukey, Additional Public Prosecutor for Respondent No.1/State.

Shri P.S. Patil, Advocate for Respondent No.2. Shri R.M. Patwardhan, Advocate for Respondent Nos.3 and 4. Coram : R.K. Deshpande & Manish Pitale, JJ.

Date : 12 th September, 2017 1.

The applicant No.1 in Criminal Application (APL) No.606 of 2016 has filed an affidavit stating that the dispute

between the parties has been settled. The dispute between the parties is essentially of a civil nature. Relying upon the decision of the Apex Court in the case of Narinder Singh & Ors. v. State of Punjab & Anr., reported in 2014 ALL MR (Cri) 1886 (S.C.), the learned counsels appearing for the applicants in both these applications have urged that the FIR registered in the present matters for the offences punishable under Sections 420, 468 and 506 read with Section 34 of the Indian Penal Code vide Crime No.495/2015 on 18-11-2015 can be quashed and set aside. 2.

The learned counsels appearing for the parties, including the learned Additional Public Prosecutor for the respondent No.1-State, do not dispute about the settlement arrived at between the parties, and they submit that by consent of the parties, the FIR can be quashed and set aside. 3.

In the result, both these criminal applications are allowed. The FIR registered for the offences punishable under Sections 420, 468 and 506 read with Section 34 of the Indian Penal Code vide Crime No.495/2015 on 18-11-2015, is hereby quashed and set aside.

4.

Both these criminal applications stand disposed of accordingly.

(Manish Pitale, J.) (R.K. Deshpande, J.) Lanjewar