High Court
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(1) appln-3074-2024 & ors.(1).odt(This order is corrected as per speaking to minutes order dated 18.10.2024.)IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.3074 OF 20241.Kishor S/o. Chandrashekhar Desarda,Age:- 36 years, Occ. Business,R/o. Venkatesh Nagar, Chhatrapati Sambhajinagar,Tq. & Dist. Chhatrapati Sambhajinagar.2.Madhur S/o Chandrashekhar DesardaAge :- 33years, Occ. Business. R/o. Venkatesh Nagar, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar3.Kunal S/o Pramod ChandurkarAge: 48 years, Occ. BusinessR/o. Golden Drams IT Park, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar4.Mahadev S/o Yuvraj JadhavAge:- 35 years, Occ. BusinessR/o. Golden Drams IT Park, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar5.Sushil S/o Kashinath ChoudhariAge:- 34 years, Occ. BusinessR/o. Golden Drams IT Park, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar6.Rahul S/o Shivaji ChangadkarAge:- 33 years, Occ. BusinessR/o. Golden Drams IT Park, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar7.Sadanand S/o Balasaheb PatilAge:- 38 years, Occ. BusinessR/o. Golden Drams IT Park, Chhatrapati Sambhajinagar Tq. & Dist. Chhatrapati Sambhajinagar..ApplicantsVersus1.The State of MaharashtraThrough Police Inspector,
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(2) appln-3074-2024 & ors.(1).odtMIDC CIDCO, Police Station, Chhatrapati Sambhajinagar Tq. &Dist. Chhatrapati Sambhajinagar2.Vijay Govardhan Patil,Age: 43 years, Occu: Service, R/o. Plot No. 29/30, Shree Krishna Nagar, Sundarwadi, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar..RespondentsANDCRIMINAL APPLICATION NO.3028 OF 20241.Vijay s/o Govardhan PatilAge:- 43 years. Occ. Business.2.Dipali Vijay PatilAge:- 35 years, Occ. HouseholdBoth R/o.Plot No. 29130, Shrikrishna Nagar,Sundarwadi. Chhatrapati Sambhajinagar..ApplicantsVersus1.The State of MaharashtraThrough Police Inspector,MIDC Cidco Police Station,Chhatrapati Sambhaj inagar,Tq. & Dist. Chhatrapati Sambhajinagar.2.Parason Machinery India Pvt. Ltd.Through Nitin Dattatray PhatangareAge:- 58 years, Occ. Service as Manager(Public Relation),B/4. Parason Machinery India Pvt . Ltd.4th Floor, F-27, Golden Dreams, IT Park,MIDC, Chikalthana, Chhatrapati Sambhajinagar,Tq. & Dist. Chhatrapati Sambhajinagar...RespondentsANDCRIMINAL APPLICATION NO.3073 OF 2024Narayan Radhakishan TandaleAge:- 40 years, Occ. Business,R/o. Vitthal Nagar, Garkheda Parisar,Nitin Dattatray Phatangare Parason Machinery India Pvt . Ltd.Chhatrapati Sambhajinagar,Tq. & Dist. Chhatrapati Sambhajinagar...Applicant (3) appln-3074-2024 & ors.(1).odtVersus1.The State of MaharashtraThrough Police Inspector, MIDC CIDCO, Police Station, Chhatrapati Sambhajinagar Tq. &Dist. Chhatrapati Sambhajinagar2.Vijay Govardhan Patil,Age: 43 years, Occu: Service, R/o. Plot No. 29/30, Shree Krishna Nagar, Sundarwadi, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar..RespondentsANDCRIMINAL APPLICATION NO.3368 OF 2024Deepak Vishwanath Vetal,Age:- 32 years, Occ. Driver,R/o. Bhadegaon Raod, Bhadegaon Sultanpur,Chhatrapati Sambhajinagar,Tq. & Dst. Chhatrapati Sambhajinagar..ApplicantVersus1.The State of MaharashtraThrough Police Inspector, MIDC CIDCO, Police Station, Chhatrapati Sambhajinagar Tq. &Dist. Chhatrapati Sambhajinagar2.Vijay Govardhan Patil,Age: 43 years, Occu: Service, R/o. Plot No. 29/30, Shree Krishna Nagar, Sundarwadi, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar..Respondents …Mr. R. R. Karpe h/f Mr. A. D. Mane, Advocate for the Applicants.Mr. K. D. Mundhe, Advocate for Applicant in Appln/3028/2024.Mr. A. M. Phule, APP for Respondent-State.Mr. K. D. Mundhe, Advocate for Respondent No.2.Mr. R. R. Karpe h/f Mr. A. D. Mane, Advocate for Respondent No.2in Appln/3028/2024. … CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ. DATED : 30th SEPTEMBER, 2024. (4) appln-3074-2024 & ors.(1).odtORDER (Per S. G. Chapalgaonkar, J):-1.The applicants in respective applications moved this Courtunder Section 482 of the Criminal Procedure Code seekingquashment of FIR/complaint and consequential criminalproceeding in pursuance thereto.2.Criminal Application No.3073/2024 has been filed byNarayan Radhakishan Tandale, Criminal ApplicationNo.3074/2024 has been filed by Kishor Chandrashekhar Desardaand others and Criminal Application No.3368/2024 filed by DipakVishwanath Vetal, who were named as accused in CriminalMiscellaneous Application No.1910/2022 under Section 156(3) ofthe Criminal Procedure Code alleging commission of offencespunishable under Sections 347, 392, 452, 465, 506, 120(B) r/w 34 ofthe Indian Penal Code by respondent no.2-Vijay Govardhan Patil.The learned Judicial Magistrate First Class allowed saidapplication and directed registration of FIR againstapplicants/accused persons.3.The Criminal Application No.3028/2024 is filed by VijayGovardhan Patil and Dipali Vijay Patil to quash and set aside FIRin Crime No.21/2023 and consequential criminal proceeding inR.C.C. No.1584/2024 pending before Judicial Magistrate FirstClass at Aurangabad for offences punishable under Sections 408,379, 381, 417 of the Indian Penal Code alongwith Sections 66(B),66(D), 66(E), 72, 72(A) of the Information Technology Act, 2000.The aforesaid crime has been registered on the basis of order dated05.01.2023 passed under Section 156(3) of the Criminal ProcedureCode in Criminal Miscellaneous Application No.2296/2022 filed byauthorized persons on behalf of Parason Machinery India Pvt. Ltd. (5) appln-3074-2024 & ors.(1).odt4.The learned Advocates appearing for the respective partiessubmits that applicants in Criminal Application Nos.3073/2024,3074/2024 and 3368/2024 were added as accused in CriminalMiscellaneous Application No.1910/2022 instituted by Mr. VijayGovardhan Patil. The learned Judicial Magistrate First Class atAurangabad allowed said application and issued direction forregistration of FIR for offences under Sections 347, 392, 452, 465,506, 120(B) r/w 34 of the Indian Penal Code. However, order wasnot given effect in view of filing of Revision Application and stayorder passed by the Sessions Court. Similarly, the applicants inCriminal Application No.3028/2024 were arraigned as accused inCriminal Miscellaneous Application No.2296/2022 filed underSection 156(3) of the Criminal Procedure Code before the JudicialMagistrate First Class at Aurangabad by authorized person onbehalf of Parason Machinery India Pvt. Ltd.. The learnedMagistrate allowed application vide orderr dated 05.01.2023.Consequently, FIR in Crime No.21/2023 has been registeredagainst applicants for offences punishable under Sections 408, 379,381, 417 of the Indian Penal Code alongwith Sections 66(B), 66(D),66(E), 72, 72(A) of the Information Technology Act, 2000. Afterfiling of charge-sheet, now RCC No.1584/2024 is pending beforeJudicial Magistrate First Class at Aurangabad. The RevisionApplication No.14/2023 filed by the applicants against order dated05.01.2023 passed by the learned Magistrate under Section 156(3)of the Criminal Procedure Code is pending before Sessions Court atAurangabad. 5.The learned Advocates appearing for respective partiesfurther submit that now amicable settlement has been arrivedbetween the parties. The terms of settlement have been prepared,which are duly verified. The respective complainants/informants (6) appln-3074-2024 & ors.(1).odthave no objection to quash criminal proceedings againstapplicants/accused persons in respective Criminal Applications. Itis submitted that applicants in Criminal ApplicationNos.3073/2024, 3074/2024 and 3368/2024 are office bearers oremployees of Parason Machinery India Private Limited. Therespondent no.2 was also employee of said company and hisservices were terminated by accused nos.1 to 9. In view of mutualagreement between parties, it has been agreed that respondentno.2 shall withdraw all the cases and complaints filed againstcompany, its officers, Directors, employees and company will alsowithdraw criminal proceeding filed against respondent no.2 and hiswife. The affidavit to that effect has been filed before us by Mr.Nitin Dattatraya Phatangare, authorized person on behalf ofParason Machinery India Private Limited as well as respondentno.2-Mr. Vijay Goverdhan Patil.6.The terms of settlement as arrived between the parties havebeen duly verified before the learned Registrar (Judicial) of thisCourt and parties have affirmed terms of memorandum ofsettlement as well as signatures thereon. On enquiry, by thelearned Registrar (Judicial) of this Court, they have re-affirmedthat compromise has been entered voluntarily without force orfraud made upon them. The report of verification dated 23.09.2024is placed before us, which bears signatures of the learned Registrar(Judicial) of this Court and respective parties, who presentedthemselves before him.7.We find that the settlement between the parties is genuinewith the intention of putting the litigation to rest. Most of theoffences alleged against each other are compoundable. Infact, tillthis date no offence is registered in pursuance of order dated (7) appln-3074-2024 & ors.(1).odt05.01.2023 in Criminal Miscellaneous Application No.1910/2022passed by the learned Judicial Magistrate First Class atAurangabad. Similarly, proceeding in RCC No.1584/2024 pendingagainst applicants in Criminal Application No.3028/2024 arestayed. However, so far as non-compoundable offences, in view oflaw laid down by Supreme Court of India in cases ofUnnikrishnan @ Unnikuttan Vs. The State of Kerala1, GianSingh vs State Of Punjab & Anr2 and Ramawatar Vs. State ofM.P.3, we are of the considered opinion that this is a fit case toquash criminal proceedings against applicants in exercise ofpowers under Section 482 of the Criminal Procedure Code. Hence,we proceed to pass following order:ORDERa.Criminal Applications are allowed in terms of prayer Clauses(B) and (C) in Criminal Application Nos.3074/2024, 3073/2024 and3368/2024 and prayer Clauses (B) and (B-2) in CriminalApplication No.3028/2024.b.The applicants in Criminal Application Nos.3074/2024,3073/2024 and 3368/2024 shall jointly pay costs of Rs.10,000/- andapplicants in Criminal Application No.3028/2024 shall jointly paycosts of Rs.2000/- to the High Court Legal Services Sub-Committee,Aurangabad.c. Criminal Applications are disposed of. (S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGEDevendra/September-20241AIR 2017 SC 1745.22012 (10) SCC 303.3AIR 2021 SC 5228.