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2024:BHC-NAG:5247-DB
41 apl 601.24
Judgment
1
IN THE HIGH COURT OF JUDICATURE ANAGPUR BENCH : NAGPUR.CRIMINAL APPLICATION (APL) NO. 601 |
T BOMBAY :/2024 |
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1. Smt. Abha w/o Harshwardhan Verma,Aged about 52 yrs., |
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2. Ku. Reeth d/o Harshwrdhan Verma,Aged about 23 yrs., Occ. Student, |
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3. Harshwardhan Verma,Aged about 53 yrs., Occ. Nil,All 1 to 3 R/o. Plot No.78, RaghukulSmarpan Apartment, Flat No. 102,Om Sai Nagar, Shivaji Nagar,Nagpur 440010. |
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4. Purva d/o Dinesh Gupta,Aged about 27 yrs.,R/o. Dhanashree Apartment,Ranapratap Nagar, Nagpur. |
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... |
APPLICANTS |
VERSUS |
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1. State of Maharashtra,through P.S.O., P.S. Sadar,Nagpur. |
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2. Smt. Neelam wd/o Balraj Kumar,Aged 74 yrs., Occ. Houshehold,R/o. 343 Kumar Kutir, New ColonyRoad, Opposite Patel Bungalow,Nagpur and at 1D-1KAPs Regency,Fago Layout, near Ramdev BabaTemple, Katol Road, Gittikhadan,Nagpur.… |
NON-APPLICANTS |
Judgment
41 apl 601.24
2
Mr. Ghanshyam Dani, Advocate for applicants.
Mr. S.A. Ashirgade, Additional Public Prosecutor (APP) for non-
applicant No.1.
Mr. S.M. Prasad, Advocate for non-applicant No.2.
CORAM: VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE: 29.04.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit .
3. This is an application seeking to quash First Information
Report (“FIR’) vide crime No.66/2023 registered with Police Station
Sadar, Nagpur for the offence punishable under Sections 406, 420,
468, 471 read with Section 34 of the Indian Penal Code on account
of settlement.
4.The applicant No.1 was a tenant of shop premises which
was owned by non-applicant No.2 informant landlord. There was a
tenancy dispute for which a suit for eviction in the Court of Small
Causes was filed. The informant alleges that the applicants have
prepared forged and fabricated landlord’s consent letter for obtaining
GST number as well as consent for issuance of shop and
Judgment
41 apl 601.24
3
establishment licence and therefore, the offence of forgery and
cheating.
5.The parties have settled the dispute by way of entering
into compromise decree in pending suit before the Small Causes
Court, Nagpur. The possession of tenanted premises has been
returned to the landlord. It was one of the term of settlement that
the tenants i.e. applicants would move for cancellation of GST
number as well as shop and establishment licence.
6.The compromise decree is produced on record. The
informant has filed an affidavit-reply stating about the settlement
and her no objection to quash the criminal proceeding. The
informant lady along with her son is present before us who have
been identified by her Advocate Mr. Prasad. She stated about her no
objection to quash the criminal proceeding. The applicant No.1
undertakes to get cancelled GST number and shop and establishment
licence by moving to the appropriate authority.
7.It was a dispute between landlord and tenant. The matter
has been amicably settled. The offence cannot be termed as heinous
or anti-social. Since the parties have settled the dispute,
Judgment
41 apl 601.24
4
continuation of prosecution amounts to abuse of the process of the
Court.
8. The applicants have expressed their desire to deposit Rs. 20,000/- towards cost as for rotating Police Machinery.
9.In view of above, application stands allowed. We hereby
quash and set aside FIR vide crime No.66/2023 registered with
Police Station Sadar, Nagpur for the offence punishable under
Sections 406, 420, 468, 471 read with Section 34 of the Indian Penal
Code on account of settlement.
10. Application stands disposed of in above terms.
11. The applicants shall deposit sum of Rs. 20,000/- to the
High Court Bar Association, Nagpur on or before 07.05.2024.
12. Stand over to 08.05.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
1 issue framed by the court
Whether the FIR for forgery and cheating arising from a landlord-tenancy dispute should be quashed following settlement between the parties.
1 provisions across 1 enactments
Smt. Abha w/o Harshwardhan Verma
Ku. Reeth d/o Harshwardhan Verma
Harshwardhan Verma
Purva d/o Dinesh Gupta
State of Maharashtra
Smt. Neelam wd/o Balraj Kumar
Vinay Joshi
Vrushali V. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court