Midhun Ramasamy And Others v. The State Of Maharashtra Through The Police Station Officer

1 919w[758.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 758 OF 2025 Shaikh Ayyub s/o Rashid Shaikh Vs State of Maharashtra and another.

WITH CRIMINAL WRIT PETITION NO. 463 OF 2025 Midhun Ramasamy s/o Mr. Ramasamy and others.

Vs State of Maharashtra and another.

Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C.B. Barve, counsel for petitioner in W.P. 758/2025. Mr. M.S. Totre, counsel for petitioners in W.P. No. 463/2025 Mr. S.S.Doifode, APP for respondent No.1./State. Mr. M.G. Sarda, cousnel for respondent No.2.

CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ .

DATED : 18/09/2025 1.

Heard.

2.

In both these criminal writ petitions, the FIR was registered pursuant to the complaint filed by the respondent No.2. During pendency of the criminal writ petitions, respondent No.2 filed an affidavit stating therein that he has no objection for quashing of the FIR No. 0077/2024, which was registered with Washim,

2 919w[758.2025.odt Gramin Police Station on 08/02/2024.

3.

Respondent No.2 has stated that he has received the goods from the transport company. 4.

Learned APP for the State has not opposed the compromise. We have interacted with the parties and are satisfied that the parties have settled the dispute willingly. All the parties are identified by their respective counsels.

5.

In the circumstances and considering the nature of dispute which arises out of civil in nature though the offence punishable under Section 407 read with Section 34 of the Indian Penal Code are non-compoundable and further considering the subsequent development whereby the parties have decided to put to rest all the issues and to lead a peaceful life, we are of the view of that continuation of the proceedings will yield no useful result, rather will cause further harassment to the parties and time of Court will be unnecessarily wasted. Thus, continuation of prosecution, according to us, is unjust. This is a fit case where writ jurisdiction under Article 226 of the Constitution of India should be invoked. Hence, we passed the following order:-

ORDER

a.

Both the criminal writ petitions are allowed. b.

The First Information Report arising out of Crime bearing No.0077/2024 registered with Washim Gramin Police Station, District Washim dated 08/02/2024 for the offence punishable under Section 407 read with Section 34 of the Indian

3 919w[758.2025.odt Penal Code stands quashed and set aside as against the petitioners in both the petitions. (S iddheshwar S. Thombre J.

) (Anil L. Pansare J.) rkn