Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 47203 (BOM)

SURJEETSINGH S/O CHANANSINGH MANN v. STATE OF MAHARASHTRA, THR PSO, JARIPATKA, NAGPUR AND ANR

APL/223/2025 · 2025-03-05

Shri Nitin B Suryawanshi, Shri Pravin S Patil

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 apl 223.25.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 223/2025 Shri Surjeetsingh s/o Chanansingh Mann, Aged about 68 yrs., Occ. Business, R/o. Flat No.602, Ridhi Sidhi Apartment, Hindustan Colony, Amravati Road, Nagpur. ...APPLICANT VERSUS 1. State of Maharashtra, through Officer-in-charge of Police Station Jaripatka, Nagpur-440014. 2. Smt. Sheela wd/o. Laxmikant Gupta, aged about 67 yrs., Occ. Household, R/o. 464, New Colony, Nagpur-440001. NON-APPLICANTS ------------------------------------------------------------------------------------- Mr. Y. Chougule, Advocate for applicant. Mrs. M. Deshmukh, APP for non-applicant No.1/State. Mr. D.A. Sharma, Advocate for non-applicant No.2. ------------------------------------------------------------------------------------- CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ. DATE : 05.03.2025 ORAL JUDGMENT : (PER: NITIN B. SURYAWANSHI , J. ) Heard finally with the consent of parties. 2025:BHC-NAG:2328-DB 1 apl 223.25.odt 2 2. Admit. 3. By this application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), applicant seeks quashing of the First Information Report (‘FIR’) bearing Crime No. 111/2011 registered with Police Station Jaripatka, Nagpur under Sections 420, 468, 471, 201 read with Section 34 of the Indian Penal Code and the proceedings of RCC No.303268/2011 pending before learned Judicial Magistrate First Class, Nagpur. 4. FIR is lodged by non-applicant No.2 alleging forgery and cheating by seven accused persons named in FIR. Applicant is arrayed as accused No.1 in FIR. 5. Applicant and non-applicant No.2 have amicably settled their dispute and have entered into compromise (Annexure ‘D’). As per terms of settlement of compromise deed, they have agreed that all the disputes and differences between them have been resolved and that none of them has any further or other claim or demand of any kind against each other or others. It is also agreed that application under Section 528 of the BNSS shall be filed seeking quashing of FIR 1 apl 223.25.odt 3 in question and non-applicant No.2 shall help the applicant in getting that relief. 6. Applicant and non-applicant No.2 are present before this Court and non-applicant No.2 has confirmed about the amicable settlement of the dispute and she reiterates that she has no objection, if the proceedings are quashed against applicant. 7. In view of amicable settlement of dispute between the parties, affidavit filed by non-applicant No.2 and the compromise deed placed on record, no useful purpose would be served by continuing prosecution against applicant. 8. In the result, application is allowed. Proceedings of RCC No. 303268/2011 pending before Judicial Magistrate First Class, Nagpur registered on the basis of FIR bearing Crime No. 111/2011 registered with Police Station Jaripatka, Nagpur under Sections 420, 468, 471, 201 read with Section 34 of the Indian Penal Code are hereby quashed and set aside to the extent of applicant. 9. Application stands disposed of in above terms. 1 apl 223.25.odt 4 10. Applicant to deposit cost of Rs. 25,000/- with the Government Pleader Library, High Court, Nagpur within four weeks from date of uploading of this order. ( PRAVIN S. PATIL, J. ) ( NITIN B. SURYAWANSHI , J.) Gohane