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Bombay High CourtAPPLN/1494/2016application allowed

Arjun S/O. Vishnu Shengule And Others v. The State Of Maharashtra And ANR.

2016-03-10Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Kum. Justice I.K. Jain2 pages

crap1494.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1494 OF 2016 Arjun s/o Vishnu Shengule and ors.

...Applicants

VERSUS

The State of Maharashtra & anr.

...Respondents

.....

Shri S.R.Andhale, advocate for applicants Shri S.G.Karlekar, A.P.P. for respondent no.1/State Shri N.B.Patekar, advocate for respondent no.2 .....

CORAM : A.V.NIRGUDE & INDIRA K.JAIN, JJ.

DATED : 10th MARCH, 2016 O R D E R :

1] Applicants are accused in Sessions Case No. 367 of 2010, which is pending in the court of Sessions Judge, Aurangabad. The main offence is attempt to commit murder. It is alleged that applicants/accused forcibly administered poisonous substance to the victim complainant. Case is pending since last six years. 2] The complainant has filed affidavit saying that he would not press the charges. The matter is amicably settled between the parties. The complainant is present before the court and is identified by his advocate. The applicants/accused are also present before the court and are identified by their advocate.

crap1494.16 3] Having regard to the circumstances and the relationship between the parties, we are inclined to allow the application as no fruitful purpose would be served if Sessions Case is tried. We, however, impose costs of Rs.5,000/- on the applicants. 4] Application is allowed in terms of prayer clauses 'B' and 'C' subject to payment of Rs.5,000/- as costs. The amount shall be deposited with the High Court Legal Services Sub-Committee. In case the amount as directed above is not deposited, the order would automatically get withdrawn and the application would automatically be dismissed without further reference to the court. [INDIRA K.JAIN, J.] [A.V.NIRGUDE, J.] dbm/crap1494.16