Bapu Pandurang Kale v. The State Of Mah And ORS

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 3469 OF 2012 Bapu S/o Pandurang Kale, Age : 50 years, Occ: Agriculture, R/o. Dashmigavhan, Tq. Nagar, Dist. Ahmednagar.

... APPLICANT (Orig. Accused) V E R S U S 1.

The State of Maharashtra.

2.

The Police Inspector, Police Station, Nagar, Tq. & Dist. Ahmednagar.

3.

Uttam Keru Kamble, Age 45 years, Occ : Agriculture, R/o. Dashmigavhan, Tq. Nagar, Dist. Ahmednagar.

... RESPONDENTS ...

Mr. V. V. Tarde, Advocate for Applicant.

Mrs. P. V. Diggikar, APP for Respondent Nos.1 & 2. Mr. A. K. Gawali, Advocate for Respondent No.3. ...

CORAM :

T. V. NALAWADE & SMT. VIBHA KANKANWADI, JJ.

DATE :

04th September, 2018.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No.116 of 2008, registered with Nagar Taluka Police Station, Taluka Nagar, District Ahmednagar, for the offences punishable under Sections 447 and 506 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Both the sides are heard.

During arguments, the learned counsel for Applicant and the learned counsel for first informant submitted that the parties have settled the dispute and the first informant has no intention to give evidence against the present Applicant. They are from same village and they want to live peacefully and maintain peace in the village. In view of the contents of the settlement and the submissions made, this Court holds that relief needs to be granted to the Applicant. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (B). III.

Rule is made absolute in those terms.

[ SMT. VIBHA KANKANWADI, J. ] [ T. V. NALAWADE, J. ] ndm