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Shivsharan Hanmanthappa Birajdar v. The State Of Maharashtra And ANR

2018-02-22Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M. S. Karnik3 pages

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 831 OF 2016 Shivsharan Hanmanthappa Birajdar & ors.

.. Applicants Vs.

The State of Maharashtra and anr.

.. Respondents Mr. Ritesh Thobde, for the Applicants.

Mrs. G.P. Mulekar, APP for State.

Mr.Vishwanath Patil, for Respondent No.2.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

22nd FEBRUARY, 2018 ORAL ORDER (PER SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

The applicants are seeking quashing of C.R.No. 95/2016 of Vijapur Naka Police Station, Solapur. The said case is under Sections 420, 447, 465, 467, 468, 427 and 506 read with 34 of IPC. The said case is now pending before learned JMFC, Solapur and it is numbered as Regular Civil Case No. 1347 of 2016.

2.

Heard learned Counsel for the applicants - original 1/3

accused Nos. 1 to 3, learned Counsel for respondent No.2 - original complainant and learned APP for State. 3.

All the applicants are present before the Court. The complainant is also present before the Court. The original complainant has stated that the matter has been amicably settled between the parties and she does not wish to pursue her case against the applicants. She has stated that in view of the statement, case lodged by her against the applicants be quashed. She has also tendered affidavit to the above effect. She has also tendered copy of her Aadhar card. Affidavit and copy of Aadhar card are taken on record and marked 'X' collectively for identification.

4.

Looking to the fact that matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to pursue her case against the applicants, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, C.R.No. 95/2016 of Vijapur Naka Police 2/3

Station and proceedings relating thereto are quashed. 5.

Application is allowed in the above terms.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3