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Bombay High CourtAPL/1139/2019rule absolute

Hemant Shashikant Chandratre And ANR v. The State Of Maharashtra And ANR

2020-01-02Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 15-23-APL-1139-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.1776 OF 2019 Ketan Gajanan Joshi and Ors.

...Applicants vs.

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL APPLICATION (APL) NO.1139 OF 2019 Hemant Shashikant Chandratre and Anr.

...Applicants vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Pradeep D. Dalvi for the Applicants in APL No.1776/2019 and for Respondent in APL No.1139/2019.

Mr.Pritesh K. Bohade for the Applicant in APL No. 1139/2019. Mr. K. V. Saste and Smt. Aruna S. Pai, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 2/1/2020.

P.C.:

.

The petitions before this Court arise out of alleged common offence and cross complaints filed by the parties thereto against each other. 2.

Parties are relatives and appear to be educated and occupying a responsible position in the society. Dispute has arisen out of share in the joint family property.

3.

Parties are therefore jointly requesting the Court to accept out

rsk 2/2 15-23-APL-1139-19.doc of Court settlement arrived between them and to quash both the FIR's. 4.

Learned APP has raised objection. Accordingly, parties have wasted public time and also kept the police machinery occupied. 5.

We have perused paper and we find substance in the contention of learned APP. However, the fact that parties are close relatives and dispute has arisen out of property sharing cannot be overlooked. Parties do not have any other criminal antecedants. We therefore find that the State can be properly compensated by directing the parties before this Court to pay reasonable amount of cost.

6.

Accordingly, subject to each party before this Court paying to Police Welfare Fund of the State of Maharashtra amount of Rs.25,000/- within 4 weeks from today, we make Rule absolute in terms of prayer clause (a) in both the matters.

(N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)