Sachin S/O Goroba Shinde And Others v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 577 OF 2017 1.

Sachin S/o Goroba Shinde, Age: 32 Years, Occu. : Legal Practitioner, R/o More Nagar, Kanheri Road, Latur, Tq. & Dist. Latur.

2.

Namdev S/o Dnyandev Shinde, Age: 31 Years, Occu. : Chartered Accountant (C.A.), R/o Flat no. J-202, J K Hill Park, Building No. J, Ganesh Nagar Dhayari, Pune-411041.

3.

Vasudev S/o Dnyandev Shinde, Age: 27 Years, Occu. Agril., R/o. Birvali, Tq. Ausa, Dist. Latur.

4.

Dnyandeo S/o Dattu Shinde, Age: 50 Years, Occu. Agril., R/o. Birvali, Tq. Ausa, Dist. Latur.

... APPLICANTS V E R S U S 1.

The State of Maharashtra, Through Police Station Officer, Police Station Bhada, Tq. Ausa, Dist. Latur.

2.

Sangita W/o Balaji Garad, Age: 30 Years, Occu. : Household, R/o Birwali, Tq. Ausa, Dist. Latur.

... RESPONDENTS ...

Mr. Hanmant V. Patil, Advocate for Applicants. Mr. R. V. Dasalkar, APP for Respondent No.1.

Mr. S. A. Deshpande, h/f Mr. N. V. Gaware, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & K. L. WADANE, JJ.

DATE :

18th July, 2018.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No.122 of 2016, registered with Bhada Police Station, Taluka Ausa, District Latur, for the offences punishable under Sections 294, 323, 504 and 506 read with 34 of the Indian Penal Code and also the case filed in the said crime. Amendment is made accordingly.

Today, both the sides, side of Applicants and side of first informant submitted that they have settled the dispute. The record shows that the matter was referred to Mediator by this Court and there is report of the Mediator to the effect that the parties have settled the dispute and the terms of compromise were prepared there only. This Court has seen the terms of compromise, which are verified and there

is also affidavit of the first informant. She has given consent for granting relief. In view of the nature of dispute and contents of settlement terms, this Court holds that relief needs to be granted. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

The aforesaid FIR is set aside and the case filed bearing S.T.C. No.65 of 2017, pending before the learned Judicial Magistrate First Class, Ausa, is quashed and set aside.

III.

Rule made absolute in those terms.

[ K. L. WADANE, J. ] [ T. V. NALAWADE, J. ] ndm