Haresh Ramji Solanki And ORS v. The State Of Maharashtra And ANR

rsk 1/2 23-WP-3453-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3453 OF 2016 Haresh Ramji Solanki and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Devmani J. Shukla a/w Mr. Sonal Dajavna for the Petitioners. Mr. Kshitish R. Shukla for Respondent No.2.

Dr. F. R. Shaikh, APP for the Respondent/State. P. I. Umakant Tanna, Yellowgate Police Station. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 11/12/2019.

P.C.:

.

Heard for some time. Petitioner no.1 is present on behalf of petitioners with Advocate. Respondent No.2 is present with his advocate. They are requesting for quashing and setting aside of charge-sheet for offences punishable under sections 379, 280, 323, 427 395 and 437 r/w 34 of IPC.

2.

Learned APP appearing for the State upon instructions informs that chargesheet is already filed.

3.

It appears that during fishing operations, respondent No.2 has trespassed into area where the petitioners claimed exclusive right of fishing.

4.

As parties have settled the matter amicably, we do not wish to

rsk 2/2 23-WP-3453-16.doc delve more into the facts. Interest of Justice can be met with by directing 18 petitioners and respondent No.2 to pay cost of Rs.2,000/- each to Police Welfare Fund of the State of Maharashtra within a period of 4 weeks from today.

5.

Thus, upon payment of total cost of Rs.38,000/- to the Police Welfare Fund of the State of Maharashtra within time of 4 weeks stipulated supra, Rule in terms of prayer clause (b) shall become absolute. 6.

Consequently, Sessions Case No.175/2018 shall also stand quashed.

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