Ritesh @ Chandrakant S/O Bhaiyyaji Rakhunde v. The State Of Maharashtra Through Pso Ps Hudeshwar Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 1286 of 2024 Ritesh @ Chandrakant S/o Bhaiyyaji Rakhunde

Versus

The State of Maharashtra through Police Station Officer, Police Station Hudkeshwar, Nagpur and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.G.Barapatre, Advocate for the applicant. Ms. Shamsi Haider, APP for the non-applicant/State. Shri Pranav Saliokar, Advocate h/f S.D.Patil, Advocate for the non-applicant no.2.

CORAM : NITIN B. SURYAWANSHI & PRAVIN S. PATIL, JJ.

DATED : 25th FEBRUARY, 2025.

Heard.

2.

This application is filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure for quashing of the Regular Criminal Case No. 313 of 2025 ( State Vs. Ritesh @ Chandrakant) pending on the file of 11th Judicial Magistrate First Class (Court No.6), Nagpur for the offence

punishable under Section 420 of Indian Penal Code, arising out of First Information Report (FIR) No. 273 of 2024.

3.

Non-applicant no.2 lodged the First Information Report in question alleging that applicant induced him to pay Rs.25,00,000/- for giving the land of Khasra No. 105 from the Forest Department and cheated him.

4.

During the pendency of application, the charge-sheet came to be filed.

5.

Parties have amicably settled their dispute and nonapplicant no.2 has filed a pursis stating that the dispute between the applicant and non-applicant no.2 is settled amicably and therefore, he has no objection, if the present application is allowed. Affidavit is also filed by non-applicant no.2 stating that he does not want to prosecute the instant matter and the application may be allowed. 6.

Non-applicant no.2 is present in the Court and he is identified by his advocate. He confirms the amicable settlement of dispute. He states that he does not wish to prosecute the present criminal case against the applicant.

7.

Section 420 of Indian Penal Code is compoundable. In view of amicable settlement of dispute, no purpose would be served by continuing the prosecution against the applicant. Hence, the application is allowed.

8.

Proceeding of Regular Criminal Case No. 313 of 2025 ( State Vs. Ritesh @ Chandrakant) on the basis of FIR bearing No. 273 of 2024, pending on the file of 11th Judicial Magistrate First Class (Court No.6), Nagpur is hereby quashed and set aside. 9.

Applicant to pay costs of Rs.10,000/- to the Government Pleader's Library, High Court Bench at Nagpur within two weeks from the date of uploading of order.

10.

List the matter for compliance after four weeks, thereafter. [PRAVIN S. PATIL, J.] [NITIN B. SURYAWANSHI, J.]