Maheshkumar s/o. Vasantkumar Sukhramani v. State of Maharashtra
2013-02-21
A.B.CHAUDHARI, A.P.LAVANDE
body2013
DigiLaw.ai
JUDGMENT A. P. LAVANDE, J. :- Rule. Rule is made returnable forthwith and heard by consent of the parties. 2. By this application, the applicant is seeking quashing of the Criminal Case No.2737 of 2011 filed under Section 420, 467, 468, 471 read with Section 34 of the Indian Penal Code pending before learned Judicial Magistrate First Class, Nagpur. 3. The charge-sheet came to be filed against the applicant nos.2 to 4 and two others pursuant to the First Information Report No.157 of 2011 lodged by the applicant No.1. The applicant no.1 is the son-in-law of the applicant no.2 and the applicant nos.3 & 4 are brother-in-laws of the applicant no.1. 4. It is the case of the applicants that the family dispute arisen between them has been settled and as such, applicant no.2 is not interested in prosecuting the criminal case filed pursuant to the First Information Report lodged by him. In support of this fact, individual affidavits of the applicants have been filed which are taken on record. 5. All the four applicants who are present in the Court have been identified by Advocate Shri Shyam Dewani and stated that they want to settle the dispute among themselves and as such, criminal proceedings initiated against applicants 2 to 4 be quashed and set aside. Since the parties who are closely related to each other have settled the disputes and since the settlement comes within the parameters laid down by the Apex Court in the case of Gian Singh vs. State of Punjab and another, reported in 2012(9) SCALE 257 : [2013 ALL SCR 171), we deem it proper to quash the criminal proceedings pending against the applicant nos.2 to 4 pursuant to the First Information Report No.157 of 2011 lodged by the applicant no.1. 6. Considering the facts and circumstances of the case, we also deem it proper to quash the Criminal Proceedings against Smt. Reshma Metwani and Pankaj Gajbhiye who are bank officials named in the First Information Report and being prosecuted along with the applicant nos.2 to 4 in the said criminal case No.2737 of 2011. 7. In the result, therefore, the criminal proceedings in Criminal Case No.2737 of 2011, pending before the Learned Judicial Magistrate First Class, Nagpur, against all the accused i.e. the applicant nos.2 to 4 and Smt. Reshma Metwani and Pankaj Gajbhiye are quashed. 8.
7. In the result, therefore, the criminal proceedings in Criminal Case No.2737 of 2011, pending before the Learned Judicial Magistrate First Class, Nagpur, against all the accused i.e. the applicant nos.2 to 4 and Smt. Reshma Metwani and Pankaj Gajbhiye are quashed. 8. Bail bonds, if any, executed by the applicant nos.2 to 4 and Smt. Reshma Metwani and Pankaj Gajbhiye shall stand cancelled. 9. Rule is made absolute in aforesaid terms with no order as to costs. Petition allowed.