Sahebrao Khandu Patil And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1577 OF 2023 1.

Sahebrao Khandu Patil 2.

Devidas Khandu Patil 3.

Hari Khandu Patil ..APPLICANTS -VERSUS1.

The State of Maharashtra 2.

Bhaskar Baliram Bachav ..RESPONDENTS ...

Advocate for Applicants : Mr. Ruchir S. Wani AGP for Respondent/State : Mr.R.B. Bagul Advocate for respondent no.2 : Mr.P.P. Patni .....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 10th AUGUST, 2023.

PER COURT :- 1.

This is an application for quashment of the FIR bearing Crime No. 13 of 2015 registered with Taluka Police Station, Nandurbar for the offence punishable under sections 326, 324, 323, 504 read with 34 of the Indian Penal Code and consequential criminal proceedings arising out of the said FIR.

2.

The applicants have been convicted for the offence punishable under section 324 of the Indian Penal Code . Their appeal against conviction is pending before the Court of Sessions, Nandurbar. Now the victim/informant has come around and files

-2affidavit in settlement of the matter. He is none other than cousin of applicants/convict. Simultaneously, they have settled their property dispute and property has been now sold to the son of the informant. 3.

Although the learned APP has strong reservations to allow this application, considering the nature of offence since it was fight between cousins and they have now settled the matter, with a view to give peace a chance, we are inclined to allow the application. Accordingly, the application is allowed in terms of prayer clauses "B" and "C".

4.

The fine amount, if any, deposited be refunded to the applicants.

5.

The applicants shall deposit a sum of Rs.30,000/- as costs with the office of the Government Pleader for E-Library, within a week from today. The bank account details of the same are as under :- Name :

Establishment Officer, Office of Government Plader, High Court, Aurangabad A/c. No. :

62002338300 Bank :

State Bank of India Branch :

High Court, Aurangabad IFSC :

SBIN0020997

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Stand over to 18th August, 2023, for compliance of the order.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) sga/