Dnyaneshwar Dholu Patil And Others v. The State Of Maharashtra And ANR

1 941-CriA-1145-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1145 OF 2019 1.

Dnyaneshwar Dholu Patil, Age 33 yrs, occ. Agri.

2.

Sunil Dholu Patil, Age 27 yrs, occ. Agri.

3.

Vikas Rupsingh Patil, Age: 45 yrs, Occ. Agril.

4.

Dholu Rajdhar Patil, Age: 64 years, Occ. Agri.

5.

Sanju Dholu Patil, Age: 35 yrs. Occ. Agri.

6.

Vasudeo Sitaram Patil, Age 58 yrs, occ. Agri.

All r/o Manvel, Tq. Yawal, Dist. Jalgaon ...APPELLANTS.

VERSUS

1.

The State of Maharashtra, Through its Police Inspector, Yawal Police Station, Yawal, Tq. Yawal, Dist. Jalgaon.

2.

Sham Jagdis Bhil, Age: 32 yrs, Occ. Agril., R/o Manvel, Tq. Yawal, Dist. Jalgaon.

...RESPONDENTS ...

Mr. Vinod P. Patil, Advocate for applicants Mrs. V.N. Patil-Jadhav, APP for respondent No. 1 Mrs. Pratibha B. Khanderao, Advocate for respondent No. 2 ...

CORAM : T.V. NALAWADE & K. K. SONAWANE, JJ.

DATED : 16th JULY, 2019.

2 941-CriA-1145-19 ORAL JUDGMENT : (Per : T.V. Nalawade, J.) 1.

Rule. Rule made returnable forthwith. Heard finally, with consent of learned counsel for the parties.

2.

Present proceeding is filed for relief of quashing First Information Report ("FIR") bearing Crime No. 42 of 2019 registered with Yawal Police Station, Tq. Yawal, District Jalgaon, for the offence punishable under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988 under Sections 143, 323, 504 and 506 of the Indian Penal Code.

3.

This Court has carefully gone through the FIR. During the course of arguments, it was submitted that the parties have amicably settled the dispute. The Compromise pursis/affidavits to that effect are filed by the first informant and applicants. It was contended by the first informant that he has settled the dispute and he does not want give evidence. There was no previous enmity between them of such nature, prior to the incident in FIR. In view of nature of allegations and settlement between the parties, this Court holds that relief needs to be granted in favour of the applicants.

4.

Accordingly, Criminal Application is allowed in terms of prayer clause "B". Rule is made absolute in those terms. No order as to costs.

[ K. K. SONAWANE ] [ T.V. NALAWADE ] JUDGE JUDGE MTK.