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Bombay High CourtAPPLN/1373/2025application allowed

Vishwa Narhari Raut v. The State Of Maharashtra And Others

2025-12-16Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar5 pages

2025:BHC-AUG:36150-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1054 CRIMINAL APPLICATION NO.1875 OF 2025 Vijaya Niraj Virwadekar, Age 45 yrs., Occ. Lecturer, R/o 45-A, Ekta Nagar, Nandanwan Colony, Tq. & Dist. Aurangabad.

Ganesh Jivan Abhang, Age 30 yrs., Occ. Driver, R/o Bhim Nagar, Bhavsingpura, Tq. & Dist. Aurangabad.

... Applicants ... Versus ...

The State of Maharashtra Through In-charge Officer, Kranti Chowk Police Station, Aurangabad.

Vishwa Narhari Raut, Age 40 yrs., Occ. Govt. Servant, R/o Plot No.11, Patni Classic, Nandanwan Colony, Tq. & Dist. Aurangabad.

... Respondents ...

Ms. Laxmi R. Thakur, Advocate for applicants Mr. V.M. Kagne, APP for respondent No.1 Mr. A.S. Shejwal, Advocate for respondent No.2 ...

AND

1076 CRIMINAL APPLICATION NO.1373 OF 2025 Vishwa Narhari Raut, Age 40 yrs., Occ. Govt. Servant (Head Clerk - RTO), R/o Plot No.11, Patni Classic, Nandanwan Colony, Tq. & Dist. Aurangabad.

... Applicant ... Versus ...

The State of Maharashtra Through In-charge Officer, Peth Police Station, Beed, Tq. & Dist. Beed.

Ganesh Jivan Abhang, Age 30 yrs., Occ. Driver, R/o Bhim Nagar, Bhavsingpura, Tq. & Dist. Aurangabad.

Vijaya Niraj Virwadekar, Age 45 yrs., Occ. Lecturer, R/o 45-A, Ekta Nagar, Nandanwan Colony, Tq. & Dist. Aurangabad.

... Respondents ...

Mr. A.S. Shejwal, Advocate for applicant Mr. V.M. Kagne, APP for respondent No.1 Ms. Laxmi R. Thakur, Advocate for respondent Nos.2 and 3 ...

CORAM :

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

DATE :

16th DECEMBER, 2025 ORDER :

.

Both these Criminal Applications are in respect of cross cases. The applicants in Criminal Application No.1875 of 2025 are involved as accused in Summary Criminal Case No.4432 of 2020 pending before learned Judicial Magistrate First Class, Aurangabad, arising out of First Information Report vide Crime No.246/2019 dated 25.07.2019 registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 341, 504, 506 read with Section 34 of the Indian Penal Code, 1860; whereas applicant in Criminal Application No.1373 of 2025 is the accused in Summary Criminal Case No.5385 of 2020 pending before learned Judicial Magistrate First Class, Aurangabad arising out of First Information Report vide Crime No.229/2019 dated 18.07.2019 registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 279, 427 of the Indian Penal Code, 1860 and under Section 134 of the Motor Vehicles Act, 1988.

Both the sides have entered into compromise. Affidavits of

Ganesh Jivan Abhang and Vijaya Niraj Virwadekar have filed containing terms of compromise. Both the affidavits have been got verified through Section Officer of this Court on 16.12.2024.

Taking into consideration the facts in the cases, it appears that applicants in both Criminal Applications, with the intervention of their respective family members and well-wishers have amicably resolved all the disputes and misunderstanding between them. Now, they want to keep good relations.

Taking into consideration the offences involved, there is no hurdle in allowing the quashment of proceedings on the basis of compromise terms. Therefore, we are exercising our powers under Section 482 of the Code of Criminal Procedure, 1973. Hence, following order.

ORDER

i) Both Criminal Applications stand allowed.

ii) The proceedings in Summary Criminal Case No.4432 of 2020 pending before learned Judicial Magistrate First Class, Aurangabad, arising out of First Information Report vide Crime No.246/2019 dated 25.07.2019 registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 341, 504, 506 read with Section 34 of the Indian

Penal Code, 1860, stands quashed and set aside as against applicant Nos.1) Vijaya Niraj Virwadekar and 2) Ganesh Jivan Abhang in Criminal Application No.1875 of 2025.

iii) The proceedings in Summary Criminal Case No.5385 of 2020 pending before learned Judicial Magistrate First Class, Aurangabad arising out of First Information Report vide Crime No.229/2019 dated 18.07.2019 registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 279, 427 of the Indian Penal Code, 1860 and under Section 134 of the Motor Vehicles Act, 1988, stands quashed and set aside as against applicant Vishwa Narhari Raut in Criminal Application No.1373 of 2025.

iv) Applicant No.1 Vijaya Niraj Virwadekar in Criminal Application No.1875 of 2025 and applicant Vishwa Narhari Raut in Criminal Application No.1373 of 2025 to deposit cost of Rs.20,000/- (Rupees Twenty Thousand only) each with the High Court Legal Services Sub Committee, Aurangabad, on or before 05.01.2026.

v) Place the matters for compliance on 12.01.2026. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd