Venkatesh Digambar Chidrawar And ANR v. The State Of Mah And ANR

1 Cri.Apln 3469-2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3469 OF 2011 1) Venkatesh s/o Digambar Chidrawar, Age 40 years, Occupation Business, 2) Laxmibai w/o Venkatesh Chidrawar, Age 35 years, Occupation Household, Both R/o New Hassapur Tq. Nanded Dist. Nanded.

...Applicants

Versus

1) The State of Maharashtra, Through Limbgaon Police Station, Dist. Nanded.

2) Nandabai s/o Changrao Gaikwad, Age 40 years, Occupation Household, R/o New Hassapur, Nanded.

At Present C/o. Mr. Yemewar, Kalyan Nagar, Nanded.

...Respondents

---- Mr. M. V. Ghatge, Advocate for applicants.

Mr. A. A. Jagatkar, Addl. Public Prosecutor, for respondent No.1/ State.

---- CORAM : T. V. NALAWADE & SMT.VIBHA KANKANWADI. JJ.

DATE : 21-08-2018.

ORAL JUDGMENT : ( Per T. V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.

2.

Present proceedings is filed under Section 482 of the Code of

2 Cri.Apln 3469-2011 Criminal Procedure, for relief of quashing of First Information Report bearing No. 26 of 2011, registered with Limbgaon Police Station Dist. Nanded, for the offences punishable under Section 3 (1) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 323, 506 read with 34 of the Indian Penal Code. The First Information Report was given by respondent No.2. 3.

Today submission was made on instructions by Mr. M. V. Ghatge, the learned counsel for the applicant that, the parties have settled the dispute which is of civil nature and accordingly civil matters are disposed of. Today learned Addl. Public Prosecutor produced on record the report submitted by the S.D.P.O. which is to the effect that, police filed "B" summary report but no order is passed as yet on the report dated 10-08-2018. 4.

This Court has gone through the contents of First Information Report and they show that the dispute was of civil nature and out of that dispute the report was given to police.

5.

In view of the aforesaid circumstances, this Court hold that the application needs to be allowed. Application is allowed in terms of prayer Clause "A". Rule made absolute in aforesaid terms. (SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE

3 Cri.Apln 3469-2011 vjg/-.