Amit Harisingh Rathod v. The State Of Maharashtra And Another

2024:BHC-AUG:11703-DB 92-WP-157-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 157 OF 2023 Amit Harisingh Rathod and Others ..PETITIONERS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Ms. Kirti Ahuja, Advocate for petitioners Mr. G.A. Kulkarni, A.P.P. for respondent no.1 - State Mr. A.D. Chapule, Advocate h/f Mr. N.P. Patil Jamalpurkar, Advocate for respondent no.2 .indian railway...

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 24th JUNE, 2024 PER COURT :

1.

This is a petition under Section 482 of Code of Criminal Procedure for quashing of the F.I.R., bearing C.R. No. 88 of 2022 registered with Railway Police Station, Dist. Nandurbar for the offences punishable under Section 307, 509, 323 and 506 read with Section 34 of the Indian Penal Code and consequential proceeding arising therefrom. 2.

The aforesaid crime was registered on the report lodged by Respondent No.2 - wife alleging that Petitioner No.1 - husband tried to push her out of a running train. After investigation, charge-sheet came to be filed. 1 / 2

92-WP-157-23.odt 3.

Petitioner No.1 is the husband of Respondent No.2, whereas Petitioner Nos. 2 and 3 are the employees of Indian Railways. 4.

Respondent No.2 - wife, who is present in-person, submits that the matter has been compromised between her and Petitioner No.1. She tenders across the bar copy of the consent terms which are signed by her and Petitioner No.1 alongwith their respective counsel. She gives consent to allow the petition in toto.

5.

We have gone through the consent terms. In view of the same, criminal writ petition is allowed, in terms of prayer clause (a), subject to cost of Rs.25,000/- (Rupees Twenty Five Thousand) to be paid to Legal Services Sub-committee, High Court, Aurangabad.

6.

Stand over to 02nd July, 2024, for compliance. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2