Sagar Gautam Pawar @ Master And ORS v. The State Of Maharashtra And ANR

1/3 by ANANT KRISHNA NAIK Date:

2023.10.20 19:28:43 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.792 OF 2022 Sagar Gautam Pawar @ Master & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents WITH CRIMINAL WRIT PETITION NO.793 OF 2022 Yogesh Kundlik Bankari & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents Mr. Akhilesh Singh i/b. Adv. R. R. Sharma, for the Petitioners in both Petitions.

Ms S. S. Kaushik, APP for the Respondent/State. Ms Ruchi Singh for the Respondent No.2 in both WPs. CORAM : NITIN W. SAMBRE & N. R. BORKAR, JJ DATED :

18th OCTOBER, 2023 P.C.:

1.

Nuisance was suffered by the Respondent No. 2/Complainant who belongs to scheduled tribe category, because of operations of a stone quarry, difference cropped up between the Petitioners and the Respondent No. 2. It is alleged that Petitioners have uttered caste base insulting words, resulting into registration of offence being Crime No 605 of 2021 registered on 28/11/2021 for the an offence punishable u/s. 354-A, 509, 504, 506 r/w. 34 of the IPC and 1/3

2/3 u/s. 3(2)(va), 3(1)(r), 3(1)(s), 3(1)(w) of Atrocities Act. 2.

The parties hereto have arrived at settlement in view of the mediation carried out by the Revenue OfÏcers. 3.

The Respondent No. 2/Complainant accordingly has placed on record Consent AfÏdavit stating that the grievances against the Petitioners in view of the intervention shown by the Revenue OfÏcers are redressed as their issues are effectively attended. 4.

As such, the Respondent No. 2/Complainant filed an AfÏdavit extending consent for quashing.

5.

The Respondent No 2, a tribal since unable to understand the english language, we have requested Ms. Kaushik, learned APP to explain the contents of the AfÏdavit and verify from the Respondent No. 2/Complainant as to whether she agrees to the contents therein.

6.

Learned APP upon verification from the Respondent no. 2 submits that the contents of the AfÏdavit were explained in vernacular language by lawyer to the Respondent No. 2/Complainant and she admits to have executed the AfÏdavit thereby extending consent for quashing.

7.

In the aforesaid background and the law laid down by the Apex Court in the matter of Gian Singh vs. State of Punjab 2/3

3/3 and Another reported in (2012) 10 SCC 303 and Narinder Singh & Ors. Vs State of Punjab & Anr. reported in (2014) 6 SCC 466, no purpose will be served by keeping the present proceedings pending against the Petitioners.

8.

That being so, the both the Petitions are allowed in terms of prayer clause (a) subject to payment of cost of Rs.25,000/- to be paid by the each of the Petitioner to The Children Aid Society (UCO Bank, Account No. - 02370100005612, IFSC CodeUCBA0000237) within a period of six weeks from today. 9.

All the Petitioners shall produce the copy of the receipt of payment of aforementioned cost in the Registry within a period of six weeks from today, failing which the order of quashing the proceedings shall stand recalled.

(N. R. BORKAR, J) (NITIN W. SAMBRE, J.) 3/3