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Bombay High CourtAPL/1453/2019rule absolute

Gulab Vishnu Datkhile And ORS. v. The State Of Maharashtra And ANR.

2019-11-26Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice B.P. Dharmadhikari3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1453 OF 2019 Gulab Vishnu Datkhile and Ors.

... Applicants Vs.

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL APPLICATION NO.1454 OF 2019 Prathamesh Ramdas Rajguru ... Applicant Vs.

The State of Maharashtra and Anr.

... Respondents WITH CRIMINAL APPLICATION NO.1455 OF 2019 Gulab Vishnu Datkhile ... Applicant Vs.

The State of Maharashtra

...Respondent

---- Mr. Hitesh P. Shah for the Applicants.

Mr. S.S. Pednekar, APP for the Respondent - State in APL/1453/2019 and APL/1454/2019.

Dr. F.R. Shaikh, APP for the Respondent - State in APL/1455/2019. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 26th NOVEMBER 2019.

P.C.:

Applicant in APL No.1453 and 1455 of 2019 Shri Gulab is father of daughter. He is praying for quashing of proceedings initiated against him by son-in-law in APL No.1453 of 2019 and mother of son-inlaw in APL No.1455 of 2019.

2/3 In APL No.1454 of 2019 that son-in-law is applicant and he is praying for quashing of FIR lodged against him by his father-in-law viz. Gulab.

The learned APP has strongly objected to any intervention in the matter. They point out that offences registered are of grave and serious nature. The offence against Gulab is under section 306 IPC since father of son-in-law viz. Ramdas committed suicide. They also submit that Gulab was attacked on head with sword by his son-in-law and that for that, offence under section 307 IPC has been registered. After hearing of concerned and after interrogating parties in person namely Shri Gulab, his daughter Pratiksha who happens to be wife of Prathamesh, Prathamesh and mother of Prathamesh, we have also taken note of fact that wife of Gulab is present and she also requests the Court to quash all offences.

It appears that the affair between Prathamesh and his daughter was not being liked by Gulab and as such there was some quarrel and dispute. He threatened Ramdas (father of Prathamesh) and the State claims that because of those threats, Ramdas committed suicide. State also points that Prathamesh has attacked Gulab with Sword on head.

3/3 All these developments are before marriage of Prathamesh with Pratiksha.

Prathamesh and his wife are present in Court. They are staying together since last two years. It is in their interest that both families have decided to put an end to all criminal matters. The families have no criminal background.

In this situation, accepting joint request, we make Rule absolute in terms of prayer clause (a) in Criminal Application Nos.1453 of 2019, 1454 of 2019 and 1455 of 2019.

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)