Abhijeet S/O Subhash Rakh And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:18288-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.129 OF 2025

1) Abhijeet S/o Subhash Rakh, Age-26 years, Occu:Education, Taluka-Newasa, District-Ahmednagar,

2) Rahul S/o Subhash Rakh, Age-29 years, Occu:Agriculture, Taluka-Newasa, District-Ahmednagar,

3) Ashok S/o Kisan Rakh, Age-46 years, Occu:Agri and Pvt. Service, Taluka-Newasa, District-Ahmednagar,

4) Arjun S/o Ashok Rakh, Age-19 years, Occu:Education, Taluka-Newasa, District-Ahmednagar,

5) Nilesh S/o Ashok Pote, Age-19 years, Occu:Education, Taluka-Newasa, District-Ahmednagar ...APPLICANTS

VERSUS

1) The State of Maharashtra, (Through Sonai Police Station, Taluka-Newasa, District-Ahmednagar),

2) Subodh S/o Suresh Jadhav, age-23 years, Occu:Driver, Taluka-Newasa, District-Ahmednagar

3) Atul S/o Suresh Jadhav, Age-24 years, Occu:Driver, Taluka-Newasa, District-Ahmednagar.

...RESPONDENTS ...

Ms. Renuka V. Ghule Advocate for Applicants.

Ms. P.R. Bharaswadkar, A.P.P. for Respondent No.1. Mr. P.G. Tambade Advocate for Respondent Nos. 2 and 3. ...

WITH CRIMINAL APPLICATION NO.150 OF 2025

1) Subodh S/o Suresh Jadhav, Age-23 years, Occu:Driver, Taluka-Newasa, District-Ahmednagar,

2) Suraj S/o Sudhir Shete, Age-23 years, Occu:Agriculture, Taluka-Newasa, District-Ahmednagar,

3) Atul S/o Suresh Jadhav, Age-21 years, Occu:Agri and Pvt. Service, Taluka-Newasa, District-Ahmednagar,

4) Rohan S/o Shamkant Wagh, Age-23 years, Occu:Education, Taluka-Newasa, District-Ahmednagar, ...APPLICANTS

VERSUS

1) The State of Maharashtra, (Through Sonai Police Station, Taluka-Newasa, District-Ahmednagar),

2) Subhash S/o Kisan Rakh, Age-58 years, Occu:Agri., Taluka-Newasa, District-Ahmednagar ...RESPONDENTS ...

Mr. P.G. Tambade Advocate for Applicants.

Ms. P.R. Bharaswadkar, A.P.P. for Respondent No.1. Ms. Renuka V. Ghule Advocate for Respondent No.2. ...

CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATE : 8th JULY, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Criminal Application No.150 of 2025 is not on Board. The same is taken on Board, upon mentioning.

2.

Both the present Applications are in respect of cross First Information Reports registered with Sonai Police Station, TalukaNewasa, District-Ahmednagar. 3.

Criminal Application No.129 of 2025 has been filed for quashing the First Information Report (for short "the FIR") vide Crime No.369 of 2024 registered with Sonai Police Station, Taluka-Newasa, District-Ahmednagar for the offence punishable under Sections 118(1), 118(2), 115(2), 189(2), 191(2), 191(3),

190, 352, 351(2), 351(3), 324(4), 324(5) of Bharatiya Nyaya Sanhita, 2023, on 7th September 2024, whereas Criminal Application No.150 of 2025 has been filed for quashing the FIR vide Crime No.370 of 2024 registered with Sonai Police Station, Taluka-Newasa, District-Ahmednagar for the offence punishable under Sections 115(2), 118(1), 352, 351(3), 119(1), 3(5) of Bharatiya Nyaya Sanhita, 2023, on 7th September 2024. 4.

In both the matters the parties have arrived at the settlement. The settlement deeds / affidavits have been produced on record in both the matters. The settlement deeds have been got verified through the learned Registrar (Judicial) and he has submitted report on 27th January 2025. In both the settlements the respective informants have stated that they do not want to proceed with the matter and want to put an end to all litigation against each others.

5.

Taking into consideration the sections involved and the fact that the the parties have settled their disputes, certainly the case is made out for exercise of powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita. Hence, we pass following order:-

O R D E R

(I) Both the Criminal Applications stand allowed. (II) The First Information Report vide Crime No.369 of 2024 registered with Sonai Police Station, Taluka-Newasa, DistrictAhmednagar for the offence punishable under Sections 118(1), 118(2), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 351(3), 324(4), 324(5) of Bharatiya Nyaya Sanhita, 2023, on 7th September 2024 and further proceedings arising out of the same, if any, stands quashed and set aside as against applicant Nos. 1 to 5 in Criminal Application No.129 of 2025 i.e. 1) Abhijeet S/o Subhash Rakh, 2) Rahul S/o Subhash Rakh, 3) Ashok S/o Kisan Rakh, 4) Arjun S/o Ashok Rakh and 5) Nilesh S/o Ashok Pote.

III) The First Information Report vide Crime No.370 of 2024 registered with Sonai Police Station, Taluka-Newasa, DistrictAhmednagar for the offence punishable under Sections 115(2), 118(1), 352, 351(3), 119(1), 3(5) of Bharatiya Nyaya Sanhita, 2023, on 7th September 2024 and the further proceedings arising out of the same, if any, stands quashed and set aside as against applicant Nos. 1 to 4 in Criminal Application No.150 of 2025, i.e.

1) Subodh S/o Suresh Jadhav, 2) Suraj S/o Sudhir Shete, 3) Atul S/o Suresh Jadhav, and 4) Rohan S/o Shamkant Wagh. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/JULY25