Girish Gulab Chaudhari v. The State Of Maharashtra And ANR

{1} 961 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2929 OF 2015 GIRISH GULAB CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for Applicant : Mr. Amol S. Sawant.

APP for Respondent/State : Mr. A. V. Deshmukh. Advocate for Respondent No.2 : Mr. R. C. Chavan. Advocate for Respondent No.3 : Mr. H. F. Pawar. CORAM : S.S. SHINDE & A.M. BADAR, JJ.

DATE : 27th AUGUST, 2015.

PER COURT:

1] Heard.

2] Rule. Rule made returnable forthwith. Heard finally by consent of parties.

3] This application takes exception to FIR bearing No. 127/2014. In pursuance to the notice issued to the respondents and also to the injured witness, Bhimsingh Rajput, they have filed affidavits in reply. Respondent No.3 - Bhimsingh Rajput, in para 2 of his affidavit in reply has stated that as the complainant and applicants are well acquainted of each other, and presently both of them have decided to settle the dispute between them amicably and accordingly, settlement is also reduced into writing. Considering the said fact, he has no objection for the purpose of allowing the present criminal application, quashing the complainant lodged by the

{2} 961 sr. no..odt complainant, and the crime No.127 of 2014 registered with Deopur Police Station, Dhule, Taluka and District Dhule. Respondent No.2 has also filed affidavit in reply. It is stated in the said affidavit that well wishers of the society and friends of the applicants and applicants and respondent No.2 have decided to settle the dispute amicably and accordingly they have settled the same and he has no objection for quashing the FIR No. 127 of 2014.

4] The applicant and respondent Nos. 2 and 3 are present in the Court. They have stated that the said settlement is their voluntary act without any coercion. In that view of the matter, in order to secure the ends of justice and to prevent the abuse of process of the court, the application deserves to be allowed.

5] In the result, criminal application is allowed in terms of prayer clause (A). Same stands disposed of. Rule made absolute in above terms. No costs.

[A.M. BADAR] [S.S. SHINDE] JUDGE JUDGE.

grt/-