APL/217/2025 of NARMADAPRASAD @ NIRAJ S/O CHANDANLAL JAISWAL AND OTHERS Vs SHYAMRAO S/O PUNDLIKRAO THUTURKAR AND ANR on 9 October 2026

ORAL JUDGMENT:

1. Admit.

2. The applicants seek quashing of the complaint bearing Summary Criminal Case No.1495/2012 and the proceedings registered on the complaint bearing RCC No.1105/2019 pending before the 19th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Nagpur for the offences punishable under Sections 120-B, 417, 420, 465, 468 and 471 of the Indian Penal Code, 1860 on account of settlement.

3. The complaint lodged against the applicants indicates that despite of pendency of the civil suit, the applicants and other co-accused, by filing false affidavits, got their names mutated in the 7/12 extract. Since, the said field falls in the share of non- applicant no.2, learned Magistrate issued process against the applicants and also framed charge in the said complaint case.

4. Initially, the non-applicants resisted the application but now, they have tendered a compromise pursis alongwith their affidavits, which are taken on record and marked as “X” “X1” and “X2” respectively for identification. It appears from the compromise pursis that the matter has been settled between the parties.

5. Non-applicant no.2 is present in the Court today and is duly identified by his learned counsel. The non-applicants in their affidavits have specifically contended that the matter has been amicably settled between the parties. It is further contended in the affidavit that they do not wish to pursue Regular Criminal Case No.1105/2019 and they have no objection if the said criminal case is quashed in its entirety.

6. Non-applicant no.1 is an old aged person. He himself appeared before the trial Court during settlement of the dispute. He gave his consent to quash the complaint. Therefore, his presence is dispensed with and the statement of his counsel is accepted. Non-applicant no.2 admits the contents of the affidavit and submits that he has no objection if the said criminal case is quashed against all the accused persons.

7. Since, the grievance arose out of a partition dispute between the parties, in order to maintain a cordial relationship, the dispute has been settled out of the Court. Therefore, no fruitful purpose will be served by continuing the prosecution.

8. In this regard, a reference can be made to the decision in the case of Narinder Singh and Others Vs. State of Punjab and Another, [(2014) 6 SCC 466], wherein the Supreme Court has observed as under : “29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure :

(i) ends of justice, or

(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. …..

29.4. On the other hand, those criminal cases having overwhelmingly and predominatly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”

9. Considering the fact that the matter has already been settled between the parties as well as the fact that the complainants do not want to prosecute the applicants and other co-accused, coupled with the fact that the complainants have submitted that the entire complaint is required to be quashed, a case is made out for exercising the inherent powers of this Court to quash the complaint. Hence, the following order is passed: i. The criminal application is allowed. ii. Complaint bearing Summary Criminal Case No.1495/2012 and the proceedings registered on the complaint bearing RCC No.1105/2019 pending before the 19th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Nagpur for the offences punishable under Sections 120-B, 417, 420, 465, 468 and 471 of the Indian Penal Code is hereby quashed and set aside subject to the applicants depositing costs of ₹5,000/- (Rupees Five Thousand Only) to “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No. 129712010001014 and IFSC Code UBIN0812978 within a period of two weeks from the date of this order. iii. The application stands disposed of. (M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 12/10/2026 19:33:30