Shaikh Nazir S/O Md Iliyas And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1783 OF 2015 WITH CRIMINAL APPLICATION NO. 2240 OF 2015 Shaikh Nazir s/o. Md. Iliyas & Ors.

....Applicants.

Versus

The State of Maharashtra & Anr.

....Respondents.

Mr. J.V. Deshpande, Advocate for applicants.

Mr. K.S. Patil, APP for State.

Mr. S.S. Londhe, Advocate for respondent No. 2. CORAM : T.V. NALAWADE & INDIRA JAIN, JJ.

DATED : 7th May, 2015.

ORDER :

1.

The first proceeding is filed for relief of quashing and setting aside the F.I.R. of C.R. No. 37/2015 registered in Bhokardan Police Station, District Jalna for the offences punishable under sections 452, 354-B, 324, 143, 147, 148, 149, 323, 504, 506 of I.P.C., section 3 (1) (x) and 3 (1) (xi) of SC and ST (Prevention of Atrocities) Act and section 135 of Bombay Police Act. The second proceeding is filed for relief of quashing and setting aside the F.I.R. of C.R. No. 38/2015 registered in the same police station for the offences punishable under sections

452, 327, 143, 147, 148, 149, 323, 504, 506 of I.P.C. and section 135 of Bombay Police Act. Both the crimes were registered in respect of incident dated 26.3.2015 at about 17.00 hrs. and both the sides have made allegations against each other. There is a private dispute.

2.

Both the sides are identified by their respective counsels. In the first proceeding, the affidavits of complainant and other persons, who were involved in the incident and who were injured are filed and they are of Satish, Manisha, Malanbai, Pushpa, Raju and Ratan. They have submitted that they have settled the dispute and they have no objection to grant the relief claimed in the proceeding.

3.

In the second proceeding, the affidavits of original complainant Shaikh Nazir and his wife Shabana Begum are filed. They have also submitted that they have settled the dispute and they have no objection for giving relief claimed. 4.

The submissions made show that the parties have settled the dispute. The quarrel had taken place out of the private dispute and there is possibility that the things were exaggerated by both the sides. In view of the settlement,

nothing can be achieved, if the chargesheet is filed and the parties are prosecuted. This Court holds that relief claimed needs to be granted.

5.

So, both the applications are allowed. The aforesaid F.I.Rs. are quashed and set aside.

[ INDIRA JAIN, J. ] [ T.V. NALAWADE, J. ] ssc/