Bhaskar Baliram Bachav v. The State Of Maharashtra And Another

1587.2023APPLN -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1587 OF 2023 Bhaskar Baliram Bachav ..APPLICANT -VERSUS1.

The State of Maharashtra 2.

Devidas Khandu Patil ..RESPONDENTS ...

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

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. 12 of 2015 registered with Taluka Police Station, Nandurbar for the offence punishable under sections 326, 325, 324, 323, 504, 506 of the Indian Penal Code and consequential criminal proceedings arising out of the said FIR.

2.

The applicant has been convicted for the offence punishable under section 326 of the Indian Penal Code . His appeal against conviction is pending before the Court of Sessions, Nandurbar. Now the victim/informant and other victims have came around and file affidavit in settlement of the matter. They are none

1587.2023APPLN -2other than cousins of applicant/convict. Simultaneously, they have settled their property dispute and property has been now purchased by son of the applicant from the victims.

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 before Court of Sessions be forfeited to the Government towards costs for this application. (SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) sga/