Adesh Piraji Misal v. The State Of Maharashtra And Another

2025:BHC-AUG:24348-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 124 CRIMINAL APPLICATION NO.1023 OF 2025 Adesh Piraji Misal, Age 26 yrs., Occ. Service, R/o Near S.R.G. Petrol Pump, Aditya Nagar, Dist. Jalna.

... Applicant ... Versus ...

The State of Maharashtra Through Police Inspector, Kadim Jalna Police Station, Jalna, Tq. & Dist. Jalna.

X.Y.Z.

... Respondents ...

Mr. D.S. Ingole, Advocate h/f Mr. N.S. Ghanekar, Advocate for applicant Mr. S.A. Gaikwad, APP for respondent No.1 Mr. A.D. Patil, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

04th SEPTEMBER, 2025 ORDER :

( PER : SMT. VIBHA KANKANWADI, J. ) .

Present application has been filed under Section 482 of the Code

124_Cri.Appln_1023_2025 of Criminal Procedure, 1973 for quashment of the proceedings in Regular Criminal Case No.99/2021 pending before learned Chief Judicial Magistrate, Jalna, arising out of First Information Report vide Crime No.364/2020 dated 31.07.2020 registered with Kadim Jalna Police Station, Jalna, Tq. & Dist. Jalna, for the offence punishable under Sections 354, 341 of the Indian Penal Code, 1860 on the basis of compromise.

Compromise deed has been produced, wherein respondent No.2, especially states that she has decided to end the dispute, as a result of intervention of respectable persons from their community. The parties were asked to remain present before learned Registrar (Judicial) for verification. Upon verification, he has submitted report on 21.08.2025. Perusal of First Information Report lodged by respondent No.2 would show that informant was proceeding on her two wheeler and applicant had followed her and it is stated that he had tried to talk to her forcibly, that means, without her wish and then he had caught hold of her hand. Now, respondent No.2 wants to take back these allegations for giving end to their dispute. However, as the entire police machinery as well as the Court has been utilized before granting the relief, we propose to impose cost on applicant. Hence, following order.

124_Cri.Appln_1023_2025

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.99/2021 pending before learned Chief Judicial Magistrate, Jalna, arising out of First Information Report vide Crime No.364/2020 dated 31.07.2020 registered with Kadim Jalna Police Station, Jalna, Tq. & Dist. Jalna, for the offence punishable under Sections 354, 341 of the Indian Penal Code, 1860, stands quashed and set aside as against applicant viz. Adesh Piraji Misal. iii) Applicant to deposit cost of Rs.10,000/- (Rupees Ten Thousand only), on or before 18.09.2025, with the High Court Legal Services Sub Committee, Aurangabad.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd