Jatin S/O Rajnikant Patel v. The State Of Maharashtra And ANR.
2025:BHC-NAG:13348-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 671 OF 2025 1.
Jatin s/o Rajnikant Patel, Aged about 42 years, Occupation : Business, R/o Jaiswal Colony, Main Road Sindewahi, Tal Sindewahi, Dist. Chandrapur APPLICANT // V E R S U S // 1.
The State of Maharashtra, Through the Police Station Officer, Ram Nagar, Tal & Dist.
Chandrapur 2.
Sayyad Jawad Sayyad Umar Aged about 49 years, Occ.: Business, R/o Sarkar Nagar, Tal & Dist. Chandrapur NON-APPLICANTS -------------------------------------------------------------------------------------------- Mr N.S. Khandewale, Advocate for the applicant. Mr Aditya Gohokar, APP for non-applicant No.1/State. Ms Anuprita Mishrikotkar, Advocate with Mr. S.C. Mishra, Advocate for nonapplicant Nos.2. -------------------------------------------------------------------------------------------- CORAM : URMILA JOSHI PHALKE, J. AND NANDESH S. DESHPANDE, JJ.
DATED : 0 1.12.2025 O R A L J U D G M E N T : (PER : URMILA JOSHI PHALKE, J.) 1.
Heard.
2.
The present application is preferred by the applicant for quashing of the First Information Report in connection with Crime No.307/2025 registered under Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
3.
During pendency of this application both the parties arrived at a settlement. Learned counsel for the applicant has filed additional affidavit on behalf of the applicant stating the contents of the settlement. The settlement terms are also on record. It is apparent from the recitals of the First Information Report that dispute between the parties was of a civil nature. 4.
In view of the settlement terms both parties agreed to cooperate with each other. In respect of obtaining the orders from this Court as far as the withdrawal of the amounts are concerned, it is specifically agreed that both parties are ready to cooperate fully in getting the necessary orders passed by this Court for quashing the FIR in terms of settlement deed and for withdrawing the amount deposited in this Court. Registrar (Judicial) has already verified the genuineness regarding the contents of the
settlement as well as identification of the parties. The report of Registrar (Judicial) is before the Court. The parties are verified personally as to the contents of the settlement deed. 5.
In view of the observations of the Hon'ble Apex Court in the case of Gian Singh vs State of Punjab reported in (2012) 10 SCC 303 that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has 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.
6.
In view of the above observation by Hon'ble Apex Court the parties are permitted to settle the dispute. 7.
In view of the settlement, we proceed to pass the following order:-
ORDER
(i) The Criminal Application is allowed.
(ii) First Information Report bearing No. 307/2025 registered at Police Station Ramnagar District Chandrapur for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 is hereby quashed and set aside to the extent of present applicant. 8.
Fees of the appointed counsel be quantified as per Rules.
9.
The criminal application stands disposed of.
Pending applications, if any, also stand disposed of. [NANDESH S. DESHPANDE, J] [ URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 02/12/2025 17:23:51