Madhukar S/O. Sonaji Sanap And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1315 OF 2019

1) Madhukar S/o Sonaji Sanap, Age-57 years, Occu:Service,

2) Mangesh S/o Madhukar Sanap, Age-26 years, Occu:Education, Both R/o- Indraprastha Colony, Balepir, Nagar Road, Beed.

...APPLICANTS

VERSUS

1) The State of Maharashtra, Through Police Station Officer, Shivaji Nagar Police Station, Beed,

2) Sanjay S/o Namdeo Borade, Age-42 years, Occu:Labour, R/o-Hingni (Budruk), Tq. & Dist-Beed.

...RESPONDENTS ...

Mr.M.M. Parghane Advocate for Applicants.

Mr.V.S. Choudhari, A.P.P. for Respondent No.1. Mr.R.G. Hange Advocate for Respondent No.2.

...

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

DATE : 6TH JUNE, 2019 ORAL JUDGMENT [PER T.V. NALAWADE, J.] :

1.

Rule. Rule made returnable forthwith. By consent heard both sides for final disposal.

2.

The present application is filed for relief of quashing and setting aside First Information Report bearing No. 664 of 2018 registered with Shivaji Nagar Police Station, Beed, for the offence punishable under Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 323, 504, 506 read with Section 34 of the Indian Penal Code.

3.

During the course of arguments, learned counsel for the Applicants and first informant

submitted that the parties have settled the dispute. Reply affidavit is filed. This Court has carefully gone through the allegations made in the First Information Report. The parties belong to same place. There is some dispute over the wages of labour work and out of that quarrel took place. It is the allegation that abuses are given on that count.

4.

In view of the nature of the allegations, contents of the reply affidavit, this Court holds that relief needs to be granted so that in future the parties will live peacefully in the same village.

5.

In the result, following order is passed:

O R D E R

(I) The Application is allowed.

(II) Relief is granted in terms of prayer clause "B)".

(III) Rule is made absolute in those terms.

(K.K. SONAWANE, J.) [T.V. NALAWADE, J.] asb/JUN19