Satrujit vs State of Maharashtra

B.R. Gavai, J.—Rule. Rule is returnable forthwith and heard by consent of the parties. The applicant has approached this Court for quashing of the proceedings in Regular Criminal Case No. 55 of 2013, pending before the learned Judicial Magistrate First Class, Kalmeshwar, for the offence punishable u/s 465, 468, 471 of the Indian Penal Code and u/s 66(1) of Information Technology Act registered at Police Station Kalmeshar vide Crime No. 28 of 2012.

The offence in question came to be registered on the basis of the complaint filed by the respondent No. 2 against the applicant contending therein that though the applicant was receiving the lesser amount of salary, he has fabricated the record thereby showing that he received the higher amount of salary by fabricating certain documents.

The Apex Court in the case of Gian Singh Vs. State of Punjab and Another, has held that when the dispute between the parties is a purely private dispute and no element of public law is involved and that the dispute is settled between the parties, this Court should exercise powers u/s 482 of the Criminal Procedure Code for giving an end to criminal litigation.

The present dispute appears to be a service dispute between the applicant and the respondent No. 2. The dispute has been amicably settled between the parties. The applicant as well as the Director of Respondent No. 2 are personally present in the Court. The application is also signed by both the parties together- There is no element of public law involved in the present case.

In that view of the matter, we find that the present is a fit case wherein power u/s 482 of Criminal Procedure Code can be exercised to give end to the criminal proceedings. Rule is made absolute in terms of prayer clause (2).