Dr. Ramesh S/O. Dagdu Mane v. The State Of Maharashtra And ANR

Judgment Cri. Appln. No. 1417-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1417 OF 2019 Dr. Ramesh S/o Dagdu Mane, Age : 32 Years, Occ. Medical Officer, R/o. Bazar Galli, ner of Police Station Georai, Tq. Georai, Dist. Beed.

... APPPLICANT

VERSUS

1.

The State of Maharashtra, Through its Police Inspector, Shivajinagar Police Station, Beed.

2.

Tanuja W/o Sunil Mastud, Age : 35 Years, Occ. Doctor, R/o. Heenanagar, Jalna Road, Beed.

... RESPONDENTS .....

Advocate for the Applicant : Mr. A. L. Kanade A.P.P for respondent-State : Mr. R. D. Sanap Advocate for respondent No.2 : Mr. R.S.Sarvadnya ....

CORAM

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

DATE : 01-10- 2019.

JUDGMENT

[ Per T.V. NALWADE, J] :- Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

The proceeding is filed for relief of quashing of Regular Criminal Case No 101 of 2019 presently pending in the Court of learned Judicial Magistrate, First Class Court No.3 Beed. The case is filed in Crime No. 724 of 2018 registered with Shivaji Nagar Police Station Beed for the

Judgment Cri. Appln. No. 1417-2019.odt offences punishable under Sections 354-D, 504, 506 of the Indian Penal Code. During the arguments the learned counsels of the applicant - accused and the informant submitted that parties have settled the dispute. Affidavit to that effect is filed by the informant. She has no intention to give evidence.

2.

This Court has carefully gone through the nature of allegations. The applicant is a doctor, he is M.B.B.S. In view of nature of allegations and as the machinery like police machinery and this Court machinery are used, this Court holds that some costs needs to be imposed so that the applicant also realized the seriousness of the matter. So the application is allowed, subject to depositing of the amount of rupees Twenty Thousand within three weeks from today in this Court in High Court Legal Authority Services Sub Committee, Aurangabad as a costs. If the costs amount is deposited within the period, it needs to be presumed that the relief is granted in terms of prayer clause 'B'. If the costs amount is not deposited, it needs to be presumed that no such relief is granted. Rule made absolute in aforesaid terms. [K. K. SONAWANE] [T.V. NALAWADE] JUDGE JUDGE YSK/