Subhash Singh S/O Kunjilal Chandel And 2 Other v. The State Of Maharashtra Through Pso Ps Hudkeshwar Nagpur And Another
2025:BHC-NAG:5221-DB
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1352 OF 2024 1.
Subhash Singh s/o Kunjilal Chandel, aged about 62 years, Occ. Private Service, Pankaj s/o Subhash Singh Chandel, aged about 38 years, Occ. Private Service.
3.
Puja d/o Subhash Singh Chandel, aged about 39 years, occ. Private Service.
All applicants no. 1 to 3 are r/o Flat no.
30 Flat No. 201, Sadguru Sainivas Apartment, Juna Subhedar Layout, Jawahar Nagar, Nagpur.
... APPLICANTS
VERSUS
1.
State of Maharashtra, through P.S.O., P.S. Hudkeshwar, Nagpur, Tq. And Dist. Nagpur.
Knachan w/o Anil Wadekar, Aged about 40 years, Occ. Household, r/o Flat No. 661, Trimurti Nagar, Deshpande Layout, Wardhaman Nagar, Nagpur.
... NON-APPLICANT(S).
AND
CRIMINAL APPLICATION NO.1353 OF 2024 1.
Kanchan w/o Anil Wadekar, Aged about 40 years, Occ. Household, r/o Flat No.
661, Trimurti Nagar, Deshpande Layout, Wardhaman Nagar, Nagpur.
Sau. Rekha w/o Arun Dhime, aged about 60 years, occ. Household, r/o Flat No. 860, Trimurti Nagar, Deshpande Layout, Wardhaman Nagar, Nagpur.
... APPLICANTS
VERSUS
1.
State of Maharashtra, through P.S.O., P.S. Hudkeshwar, Nagpur, Tq. And Dist. Nagpur.
Puja d/o Subhash Singh Chandel, aged about 39 years, occ. Private Service r/o Flat no. 30 Flat No. 201, Sadguru Sainivas Apartment, Juna Subhedar Layout, Jawahar Nagar, Nagpur.
... NON-APPLICANT(S).
_____________________________________________________________ CRIMINAL APPLICATION NO. 1352/2024 Shri G.S. Chandok, Advocate for the applicants. Shri S.S. Doifode, Addl.P.P. for the State.
Shri A.J. Mirza, Advocate for non-applicant no. 2. CRIMINAL APPLICATION NO. 1353/2024.
Shri A.J. Mirza, Advocate for the applicants. Shri S.S. Doifode, Addl.P.P. for the State.
Shri G.G. Sahu, Advocate for non-applicant no. 2. ______________________________________________________________
CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.
DATE : 08.05.
2025.
ORAL JUDGMENT : (Per : Anil S. Kilor, J.) RULE. Rule made returnable forthwith.
The Counter First Information Reports lodged by both the parties against each other bearing First Information Report No. 25 of 2013 registered for the offence punishable under Sections 354, 323, 504 and 34 of the Indian Penal Code and First Information Report No. 26 of 2013 registered for the offence punishable under Sections 448, 294, 323, 427, 506 and 34 of the Indian Penal Code are sought to be quashed and set aside.
3.
Learned Counsel appearing for the non-applicant no. 2 in both the applications make a statement that parties have settled their dispute amicably out of the Court. The complainant of both the matters are personally present in the Court, who are identified by their respective Counsel. On a specific query put to the complainants, they acknowledged and confirmed the fact of settlement and stated that they do not want to prosecute the criminal proceedings. In this regard, they also filed an affidavit on record.
4.
Since the parties have settled the dispute amicably, continuation of prosecution or even if the trial is conducted no fruitful purpose would be served. Accordingly, we pass the following order : (a) The Criminal Applications are allowed.
(b) Charge-sheet bearing S.C.C. No. 7219 of 2014 pending on the file of Chief Judicial Magistrate, Nagpur arising out of First Information Report No.25 of 2013 registered with the Hudkeshwar Police Station, Nagpur for the offence punishable under Sections 354, 323, 504 and 34 of the Indian Penal Code and Charge-sheet bearing S.C.C. No. 7122/2014 pending on the file of the Chief Judicial Magistrate, Nagpur arising out of First Information Report No. 26 of 2013 registered for the offence punishable under Sections 448, 294, 323, 427, 506 and 34 of the Indian Penal Code are hereby quash and set aside.
(PRAVIN S. PATIL , J.
) (ANIL S. KILOR , J.
) Trupti