1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD, APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.: 471 OF 2003 1. Rajendra S/o Mannalal Sethiya, Age: 35 years, Occu.: Business, R/o Jadgaonwala Jewellers, Kasari Bazar, Aurangabad. 2. Deepesh S/o Babulal Sethiya, Age: 20 years, Occu. Student, R/o Kasaribazar, Aurangabad. ... APPLICANTS [ORIG.ACCUSED] VERSUS 1. The State of Maharashtra. Through P. S. City Chowk, Aurangabad. [Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench Aurangabad). 2. Smt. Chhaya alias Hema Babulal Sethiya, Age: 32 years, Occu.: Household, R/o Yeshomangal Housing Society, Khedkeshwar, Aurangabad. ... RESPONDENTS [COMPLAINANT] *** Mr. P. F. Patni, Advocate for the Applicants. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 28th AUGUST, 2009. ORAL JUDGMENT: 1. The feud between the interse close relations, a step 2 son and brother-in-law of the complainant, on account of property dispute, has taken a colour of criminal prosecution for an offence under section 380 read with 34 of IPC vide Crime No.I-256 of 2002, dated 20th November, 2002, recorded with Police Station, City Chowk, Aurangabad. Said prosecution is sought to be quashed by the aggrieved accused persons. 2. During the course of submission, counsel for the accused/ applicants herein informs that the matter is worked out with original complainant Smt. Chhaya, the step mother of Accused No.2 Dipesh and all the civil disputes, including the criminal prosecutions, have been agreed to be terminated, recorded in Special Civil Suit No.179 of 2000, by way of compromise dated 15th April, 2003. The counsel has placed xerox copy of certified copy for perusal. Clause 14 thereof indicate that the controversies between Smt. Chhaya alias Hema with present accused/ applicant and others shall be treated as withdrawn and terminated, including criminal prosecution. 3. Considering the disputes involve in relation to the several properties, including moveable properties, it was remotely possible that present accused/ applicant would 3 have committed theft of the belongings asserted by the original complainant. Even if one reads the complaint, she informs the police that she had kept Rs.50 Lakhs in the room and there were silver ornaments 50 Tolas while gold ornaments 20 Tolas was allegedly decamped by the accused. At the instance of said applicant, there was court proceedings and by order dated 27th June, 2001, she has got possession of the ground floor under a Panchanama. Taking these aspects into consideration, it is more clear that in order to give cloak to the civil proceedings, the criminal prosecution has been initiated by Respondent No.2. The Criminal Court should not have been used as a liver for oppression and humiliation. It is apparently abuse of process of Court. Consequently, the F.I.R. vide Crime No.I-256 of 2002, registered with Police Station, City Chowk, Aurangabad is quashed and set aside. Rule made absolute in above terms. [K. U. CHANDIWAL, J.] Dated:28/08/2009. ans/471