Aniket Chandrakant Bhosale v. The State Of Maharashtra And ANR
Megha 8_apl_1220_2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1220 OF 2016 Aniket Chandrakant Bhosale ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
.....
Mr. Laxmikant M. Shukla for the Applicant.
Mr. K.S. Saste, APP for the Respondent No.1.
Mr. Pradeep Rajput for the Respondent No.2.
CORAM : A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ.
DATED: 22nd MARCH, 2017.
P.C.:- Heard the learned counsel appearing for the Applicant and the second Respondent. Rule. The learned counsel for the second Respondent waives service of the notice. The learned APP for the first Respondent waives service of the notice. Forthwith taken up for final disposal.
2.
Prayer made in this Application is for quashing the charge sheet for the offences punishable under sections 143, 147, 148 and 323 of the Indian Penal Code. The offence under section 323 is a compoundable offence. The consent terms between the Applicant and the second Respondent are tendered across the Bar which are signed Megha 1/2
Megha 8_apl_1220_2016.doc by both the parties and their respective Advocates. Affidavit of the second Respondent is tendered across the Bar in support of the consent terms.
3.
The offences alleged cannot be said to be against the society at large. Considering the nature of offences, the same are not of heinous or serious nature. As stated earlier, main offence is under section 323 of IPC which is a compoundable offence. The parties have resolved all the disputes between them. According to us, this is a fit case to exercise the powers of this Court under section 482 of the Code of Criminal Procedure, 1973.
4.
Accordingly, we pass following order:
(a) Rule is made absolute in terms of prayer clause (ii) which reads thus:
"ii) This Hon'ble Court may be pleased to quash the F.I.R. No.204 of 2015 of Charkop Police Station filed against the Applicant in the interest of Justice."
(b) All concerned to act upon an authenticated copy of this order.
(ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.) Megha 2/2