Ramchandra Dashrath Thorat And ORS v. The State Of Maharashtra And ANR
1 APL 707-17.doc-918
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.707 OF 2017 Ramchandra Dashrath Thorat & Ors.
] ... Applicants
Versus
The State of Maharashtra & Anr.
] ... Respondents Mr. S. A. Rajeshirke for Applicants.
Mr. N. B. Patil, APP for State.
Mr. S. S. Sakhare for Respondent No.2.
CORAM :- RANJIT MORE & SARANG V. KOTWAL, JJ.
DATE :- 12 JULY, 2017 P. C. :- 1.
Heard the learned Advocate for applicant, the learned Advocate for respondent no.2 and the learned APP. 2.
The Criminal Application is filed for quashing FIR bearing C.R.No.98 of 2004 registered at the instance of the respondent no.2 with Ashta Police Station, Sangli, for the offences punishable under Sections 324, 323, 504 and 506 r/w 34 of the IPC and under Sections 3 and 25 of the Arms Act.
3.
Pending investigation, the parties settled their dispute amicably and in pursuance of the understanding arrived at between
2 APL 707-17.doc-918 them, they have approached this Court for quashing and setting aside the subject FIR by consent.
4.
The respondent no.2 as well as the other injured witness / aggrieved person by name Avdhut Ravikumar Kulkarni accordingly filed affidavits dated 11/07/2017. Both these persons have given no objection for quashing the subject FIR.
5.
The respondent no.2 is personally present in the Court. On specific query, he states that he has gone through the affidavit as well as the contents of the petition. In the above circumstances, he has no objection to quash the subject FIR. He has also stated that he has given no objection out of his free will and without any force or coercion.
6.
It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially in view of the law laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab1, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes.
2014 AIR SCW 2065
3 APL 707-17.doc-918 7.
Accordingly, the Criminal Application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.10,000/- to be deposited by each of the applicant (total costs of Rs.30,000/-) in the Tata Memorial Cancer Hospital. The applicants shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which the Criminal Application shall stand dismissed automatically without further reference to the Court.
8.
Subject to above, the Criminal Application stands disposed off.
(SARANG V. KOTWAL, J.) (RANJIT MORE, J.)