Krushna Shamrao Andhale And Others v. The State Of Maharashtra And Another

5-Cr.Appln.No.1921.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1921 OF 2022 Krushna s/o. Shamrao Andhale and ors.

..Applicants Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.S.S.Thombre, Advocate for applicants Mrs.V.N.Patil-Jadhav, APP for respondent no.1 Mrs.S.B.Solanke, Advocate for respondent no.2 ---- CORAM : SMT. ANUJA PRABHUDESSAI AND R.M.JOSHI, JJ.

DATE : JANUARY 02, 2023 ORDER :- This is an application under Section 482 of the Code of Criminal Procedure for quashing of FIR No.0095 of 2022, registered with Police Station, Dharur, Dist. Beed, for the offences punishable under Sections 279, 337, 341, 324, 427, 147, 148, 323, 504 and 506 read with Section 149 of Indian Penal Code.

2.

Heard learned counsel for the applicants, learned APP for respondent no.1 and learned counsel for respondent no.2. 3.

The informant has filed an affidavit, stating that they have settled the matter with advise and intervention of the elders and villagers. The first informant has consented for quashing of the FIR.

5-Cr.Appln.No.1921.2022 4.

Learned APP submitted that there are criminal antecedents against the applicants and said aspect may also be taken into consideration.

5.

Learned counsel for respondent no.2, relying on the affidavit of the informant, has recorded no objection for quashing of the FIR.

6.

A perusal of the FIR, prima facie, reveals that there was quarrel between the parties in view of the accident that had occurred at 5.30 p.m. on 13.05.2022. The incident in question had occurred at the spur of moment. The parties are related to each other. They have settled the dispute which is essentially a private dispute. Under the circumstances, this is a fit case to exercise jurisdiction under Section 482 of Cr.P.C. to quash the criminal proceedings to enable the parties to maintain cordial relations with each other and to lead a peaceful life. This would be in the interest of justice. Deprecating the conduct of the applicants of taking the law in their hands, we find it appropriate to impose costs of Rs.10,000/-. 7.

In view of the above, the application is allowed in terms of prayer clause (B), subject to costs of Rs.10,000/- (Rupees Ten

5-Cr.Appln.No.1921.2022 Thousand), to be deposited by the applicants with the High Court Legal Services Authority, Aurangabad, within a period of one week. [R.M. JOSHI, J.] [SMT. ANUJA PRABHUDESSAI, J.] KBP