Renukadas @ Reju S/O Dattopant Vaidya And ORS v. The State Of Maharashtra And ANR

cran1734.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1734 OF 2015 RENUKADAS @ REJU S/O DATTOPANT VAIDYA & ORS

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Applicant : Mr. Thombre S. S.

APP for Respondents: Mr. A.S. Shinde Advocate for Respondents : Mr. S.B. Solanke .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 18th NOVEMBER, 2015 P.C. :- 1.

Mr. Thombre, learned counsel submits that the complaint is filed by the respondent No.2 under Section 452, 147, 149 r.w.34 of I.P.C. The allegations are that trespass was committed by the applicants and loss to the property was caused. In fact, the said complaint was filed due to political rivalry and elections were conducted. The parties have settled the matter. Even a joint application was filed in criminal application No. 1514 of 2015. 2.

Mr. Solanke, learned counsel appears for respondent No.2 and accepts that the parties have settled the matter. The offence alleged is not heinous in nature. Considering the fact that the offence is only with regard to trespass and minor loss to the moveable property, the

cran1734.15 -2complaint appears to be out of political rivalry. Accepting the settlement between the parties, the complaint bearing No. I-168 of 2015 registered with Mukundwadi police station, Aurangabad for the offence publishable under Sections 452, 147, 149 r.w. 34 of I.P.C. is quashed and set aside.

3.

Criminal application is disposed of. No costs. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/