Rahul S/O Arun Salve v. Ravindra S/O Sonbaji Bawangade And ANR.

2025:BHC-NAG:13745-DB

(1) 908.apl.1231.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1231 OF 2025 Rahul s/o Arun Salve Vs.

Ravindra s/o Sonbaji Bawangade 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. Mohammad Noman Khan, Advocate for applicant. Mr. Amin Ayyub, Advocate for applicant No.1.

Mr. M. J. Khan, APP for non-applicant No.2/State. CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATED : 27/11/2025 1.

Present application is preferred by the applicant for quashing of the FIR in connection with Crime No.343/2024 dated 30.09.2024 registered with Police Station Imamwada, Nagpur for the offence punishable under Section 420 of the Indian Penal Code.

2.

During the pendency of this application, both parties arrived at a settlement. The FIR is lodged on the basis of a report lodged by the non-applicant No.1 on an allegation that there was a monetary transaction between them and the present applicant alleged to be transferred the amount in his own account without informing the informant. The nature of the dispute is of personal in nature and now they have settled the dispute. The applicant and non-applicant No.1 both have filed a joint affidavit stating about the contents of the settlement. The contents of the affidavit are verified. It is

(2) 908.apl.1231.2025 mentioned that with the intervention of well-wishers and mutual friends, they have amicably settled the dispute in its entirety, voluntarily and without any pressure, inducement, threat or coercion. The amount of Rs.50,000/- was paid towards full and final settlement which is agreed and accepted by the complainant.

3.

In view of the said compromise, the application deserves to be allowed. At this stage, reference can be given to the observations made by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab, MANU/SC/0781/2012 wherein the Hon'ble Apex Court observed that where High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim have been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor. In this regard a specific reference was made to offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim but the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable.

4.

The application deserves to be allowed. Accordingly, we proceed to pass following order:

(3) 908.apl.1231.2025

ORDER

(i) The application is allowed.

(ii) The FIR in connection with Crime No.343/2024 dated 30.09.2024 registered with Police Station Imamwada, Nagpur for the offence punishable under Section 420 of the Indian Penal Code, is hereby quashed and set aside.

The application is disposed of.

(NANDESH S. DESHPANDE, J) (URMILA JOSHI-PHALKE, J) Sarkate