1 Dnyaneshwar S/O Murlidhar Chougule And ORS v. State Of Maharashtra And ORS

{1} 20 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 412 OF 2015 1 DNYANESHWAR S/O MURLIDHAR CHOUGULE & ORS

VERSUS

STATE OF MAHARASHTRA & ORS ...

Advocate for Applicant : Mr. C.R. Deshpande APP for respondent No.1 : Mrs. R.K. Ladda, Advocate for respondent Nos. 2 and 3 : Mr. V.S. Badakh. --- CORAM : T.V. NALAWADE & SMT. I.K. JAIN JJ.

DATE : 5TH MAY, 2015.

PER COURT:

1] The application is filed for quashing FIR of Crime No. 58 of 2012 registered at Azadnagar Police Station, Dhule,for the offences punishable under sections 307, 325, 143, 147, 148, 149, 323, 504 and 506 of IPC and U/sec. 4/25 of the Arms Act, and also for quashing the Sessions Case No. 59 of 2013, pending in the Court of Ad-hoc Additional District Judge and Additional Sessions Judge, Dhule for the same offences. 2] The affidavits of the original complainant - Pravin S/o. Nimba Desale and injured witness - Jagdish s/o. Sahebrao Rajput, to the effect that they have settled the dispute and they had given a statement to the Police Station out of misunderstanding. In so far as compensation in respect of injuries sustained by the complainant is concerned, some amount is already paid . The complainant and injured are identified by learned Advocate Mr. C.R. Deshpande and Mr. V.S. Badakh. 3] This Court has gone through the FIR and papers of investigation. They show that incident has taken place out of small dispute between

{2} 20 sr. no..odt parties inter-se. In view of these circumstances, this Court holds that the proceeding needs to be quashed.

4] In the result, application is allowed. The Crime No. 58 of 2012 registered at Azadnagar Police Station, Dhule for the offences punishable under sections 307, 325, 143, 147, 148, 149, 323, 504 and 506 of IPC and U/sec. 4/25 of the Arms Act, so also Sessions Case No 59 of 2013 pending in the Court of Ad-hoc Additional District Judge and Additional Sessions Judge, Dhule for the same offences, as against the applicants are quashed and set aside. Criminal application is accordingly disposed of. [SMT. I.K. JAIN] [T.V. NALAWADE] JUDGE JUDGE.

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