Bharat Manohar Tawale And Others v. The State Of Maharashtra And Another

930 939 CRAPP 1534 OF 2023+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CRIMINAL APPLICATION NO.1534 OF 2023 BHARAT MANOHAR TAWALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Mahesh P. Kale APP for Respondent No. 1 : Mr. M.M. Nerlikar Advocate for Respondent No. 2 : Mr. Nilesh N. Bhagwat ...

939 CRIMINAL APPLICATION NO.1669 OF 2023 RANI W/O. RAMA @ RAMBHAU TAWALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Bhagwat Nilesh N. APP for Respondent No. 1 : Mr. S.D. Ghayal Advocate for Respondent No. 2 : Mr. Mahesh P. Kale

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 28.04.2023 PER COURT :

Heard both the sides.

2.

By way of these two separate applications the respective accused from cross cases/crimes are seeking quashment of the complaint and the cases initiated on an F.I.R. filed by the respective respondents. 3.

Issue notice to the respondents.

4.

Learned A.P.P. waives service for respondent No. 1 in both the matters. 5.

Learned advocate Mr. Bhagwat Nilesh waives service for respondent 1/2

930 939 CRAPP 1534 OF 2023+.odt No. 2 in Criminal Application No. 1534/2023 and learned advocate Mr. Mahesh Kale waives service for the respondent No. 2 in Criminal Application No. 1669/2023.

6.

The learned advocates for the respective respondent No. 2 tenders across the Bar an affidavit in reply inter alia consenting for quashment of crime registered at their instance.

7.

Considering the nature of the crimes and the averments in the respective affidavits in reply, the proposed compromise, in our considered view cannot be said to be against the public policy. If the parties who have decided to withdraw the criminal cases which are cross complaints with a view to have cordial relations, one need not object. 8.

The Criminal Applications are disposed of. Crime No. 246/2020 registered with Ashti police station District Beed for the offences punishable under Sections 354, 323 read with Section 34 of the Indian Penal Code and the criminal case bearing Regular Criminal Case No. 210/2020 pending on the file of the Judicial Magistrate First Class Ashti District Beed and Crime No. 245/2020 registered with Ashti Police Station District Beed for the offences punishable under Sections 324, 323, 506 read with Section 34 of the Indian Penal Code and the criminal case bearing Regular Criminal Case No. 211/2020 pending on the file of the Judicial Magistrate First Class Ashti, District Beed are quashed and set aside.

(ABHAY S. WAGHWASE, J. ) (MANGESH S. PATIL, J.) mkd/- 2/2