This Single Judge judgment quashes criminal proceedings initiated via a private complaint against two petitioners upon the joint prayer of parties following an amicable settlement.
The proceedings under Criminal Complaint Case No.1570/2008 against both petitioners are quashed; bail bonds cancelled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp544,545.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.
CRIMINAL WRIT PETITION NO.544 OF 2014
(Mahesh s/o Sharad Dande ..vs.. Sudhakar s/o Dinkar Paranjape and another)
WITH
CRIMINAL WRIT PETITION NO.545 OF 2014
(Sanjay s/o Suresh Joshi ..vs.. Sudhakar s/o Dinkar Paranjape and another)
Shri A.M. Jaltare, Advocate for respondent No.1, Shri A.H. Laddhad, Addl.P.P. for respondent No.2/State.
CORAM : M.L.TAHALIYANI, J. DATED : 19-11-2014
The petitioners in both the petitions are accused in Criminal Complaint Case No.1570/2008 pending in the Court of learned Chief Judicial Magistrate, Nagpur for the offences punishable under Sections 420 and 468 read with 34 of the Indian Penal Code. Both the writ petitions challenge the order of issuance of process against the petitioners. However, during the pendency of these writ petitions, the dispute between the petitioners and respondent No.1 Sudhakar Paranjape has been amicably resolved. Respondent No.2 State of Maharashtra is a formal party as the complaint pending before the learned Chief Judicial Magistrate is a private complaint filed by respondent No.1.
2 wp544,545.14
proceedings pending before the learned Chief Judicial Magistrate. In fact, it is the joint prayer of both the parties. Hence, I pass the following order.
The proceedings pending vide Criminal Complaint Case No.1570/2008 against both the petitioners in the court of learned Chief Judicial Magistrate, Nagpur shall stand quashed.
Bail bonds of the petitioners, if any, shall stand
cancelled.
Both the joint pursis be taken on record and one of each them shall be placed on each of the petition and be marked as “A” for identification
Both the petitions are disposed of accordingly.
JUDGE
pma
1 issue framed by the court
Whether the criminal proceedings under Sections 420 and 468 read with 34 IPC can be quashed upon amicable resolution of the dispute between the parties.
Mahesh s/o Sharad Dande
Sanjay s/o Suresh Joshi
Sudhakar s/o Dinkar Paranjape
M.L. TAHALIYANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
