Full Judgement
Bombay High Court
Vivek Ramrao Parskar vs Rahul Sureshkumar Santani And Another on 11 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:517-DB
1 apl55.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.55/2020
Vivek Ramrao Paraskar,
aged about 58 Yrs., Occ. Business,
R/o Ramlata Bunglow, Toshniwal
Layout, Murtizapur Road, Akola,
Taluka and District Akola. ... Applicant
- Versus -
1. Rahul Sureshkumar Santani,
aged about 28 Yrs., Occ. Business,
R/o Sindhi Camp, Akola, Taluka
and District Akola.
2. The State of Maharashtra,
through the Police Station Officer,
Police Station Civil Lines, Akola,
Taluka and District Akola,
District Akola. ... Non-applicants
-----------------
Mr. J.B. Gandhi, Counsel for the Applicant.
Mr. Rohan Chabra, Counsel for Non-applicant No.1.
Mr. A.B. Badar, A.P.P. for Non-applicant No.2.
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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : 11.1.2024.
ORAL JUDGMENT (Per Vinay Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of the learned counsel for the parties.
2 apl55.2020
2. This is an application seeking to quash the
chargesheet No.76/2019 dated 25.2.2019 (Regular Criminal Case
No.181/2019) arising out of F.I.R. No.399/2019 registered by
Police Station Civil Lines, Akola for the offence punishable under
Sections 420, 464, 467, 468 and 471 of Indian Penal Code on
account of mutual settlement.
3. The informant was desiring to purchase a piece of
land. He has contacted applicant through some Mediators.
Applicant pretended to be owner of plot and agreed to sell in
consideration of price determined. The informant showed his
willingness to purchase the land and then on 1.1.2016 applicant
has executed an agreement to sell as well as received partial
consideration of sum of Rs.15,50,000/- in cash. It was decided
that sale transaction is to be completed within three months,
however it did not happen. Since the applicant avoided to
execute the sale the informant become vigilant and on enquiry
learnt that the applicant is no way concerned with said piece of 3 apl55.2020
land which is owned by third party. On the basis of such
allegation crime has been registered. The police have carried
investigation and on completion filed final report.
4. Both parties are resident of Akola. With the
intervention of middlemen they have settled the dispute. The
terms of settlement have been incorporated in compromise deed
dated 2.9.2018 duly executed and signed by both the parties. The
applicant has refunded agreed sum of Rs.12,51,000/- which the
informant received. It was also decided that the informant would
cooperate to withdraw the present prosecution and a complaint
filed in terms of Section 138 of the Negotiable Instruments Act.
No sooner the compromise was entered the informant himself
within three days went to the police stating about settlement and
his non-inclination to go on with the prosecution. The informant
has also tendered copy of settlement deed. Since the offence was
of a cognizable nature the police have continued the investigation
which culminated into filing of chargesheet.
4 apl55.2020
5. Today the informant is present before us who is
identified by his Counsel. The informant has filed reply stating
that the matter is settled by way of settlement deed dated
2.9.2018. It is also stated that since the matter is settled he has no
objection to quash the proceedings. On our query informant has
accepted the settlement, receipt of agreed sum of Rs.12,51,000/-
and his non-inclination to go on with the prosecution.
6. Needless to say that since the informant has resorted
to the police machinery the matter has been settled. The police
have already investigated and filed the chargesheet. At this
juncture, learned Counsel for applicant would submit that the
applicant would pay sum of Rs.25,000/- (Rs. Twenty Five
Thousand Only) towards costs.
7. We have gone through the entire police papers. It
reveals that it was a private transaction between two parties
particularly within couple of days from registration of F.I.R. the 5 apl55.2020
matter has been settled. The applicant has also returned the
money as per settlement. The offence cannot be termed as
heinous or antisocial. Looking to all above circumstances, the
ends of justice would be secured by quashing the proceedings.
8. In view of above, application is allowed. We hereby
quash and set aside the Criminal Case namely R.C.C.
No.181/2019 pending on the file of Chief Judicial Magistrate,
Akola arising out of Crime No.399/2019 registered by Police
Station Civil Lines, Akola for the offence punishable under
Sections 420, 464, 467, 468 and 471 of the Indian Penal Code.
9. The applicant shall deposit sum of Rs.25,000/-
(Rs. Twenty Five Thousand Only) within two weeks with the
High Court Bar Association, Nagpur.
10. Matter be placed for noting compliance on 25.1.2024.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.
Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 16/01/2024 10:16:00
