Pravin Ashok Kale And Another v. The State Of Maharashtra And Another

cran2087.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CRIMINAL APPLICATION NO.2087 OF 2023 PRAVIN ASHOK KALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Applicants : Mr. N.B. Narwade APP for Respondent No.1: Mr. A.R. Kale Advocate for Respondent No.2 : Mr. V.B. Kale .....

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

DATED : 20th JUNE, 2023.

PER COURT :- 1.

Heard.

2.

This application has been moved for quashment of the F.I.R. No. 0354 of 2023 registered on 27.3.2023 with Newasa police station for the offences punishable under Sections 304 r.w. 34 of I.P.C. and Section 135 of Indian Electricity Act. The allegations in the F.I.R. are that the applicants had fencing around their agricultural field. They charged the fencing with electric current with a view to protect crop from wild animals. The deceased happened to touch the fencing and died of electrocution. The F.I.R. therefore, came to be lodged for the offences punishable under aforesaid Sections. 3.

The widow, children and mother of the deceased were before this Court. They have filed affidavit giving express consent for

cran2087.23 -2quashing of the F.I.R. The applicants have paid them a sum of Rs.13,00,000/- (Rupees Thirteen Lacs) towards compensation. 4.

In the facts and circumstances of the case, we are inclined to allow this application by the consent of the parties, subject to payment of costs of Rs.50,000/- to be paid by the applicants to the widow of deceased. The costs shall be deposited in the Registry of this court within a period of three days from today. 5.

Criminal application is allowed and disposed of. (SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/