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Bombay High CourtAPPLN/2734/2024application allowed

Vijaysingh S/O Uttamrao Rathod v. The State Of Maharashtra And Another

2024-07-18Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2024:BHC-AUG:14644-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2734 OF 2024 Vijaysing s/o Uttamrao Rathod ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. Rajendrraa Deshmukkh, Senior Advocate with Mr.Jay Veer, Devang Deshmukh & Dr.M.G.Naik, Advocates for applicant Mr. A.D. Wange, A.P.P. for respondent No.1.

Mr. G.P. Darandale, Advocate holding for Mr. A.N. Kakade, Advocate for respondent No.2. .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 18th JULY, 2024 O R D E R :

Heard. This is an application for quashing the F.I.R. bearing Crime No.0223/2024, registered with Bhagya Nagar Police Station, Nanded for the offence punishable under Sections 143, 147, 148, 149, 379, 294, 323, 504, 506(2) of the Indian Penal Code and Sections 4/25 of the Arms Act. 2.

Learned Senior Advocate for the applicant submits

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that, the matter has been settled between the applicant and the respondent No.2 - informant. Learned Advocate for the respondent No.2 appears and submits that, the matter has been settled. He files on record affidavit of respondent No.2. Perusal of the affidavit goes to show that the respondent No.2 does not want to proceed with the case.

3.

Learned A.P.P. submits that, the compromise may not be accepted.

4.

Admittedly, the aforesaid crime was lodged by respondent No.2 in his personal capacity. The same is lodged against the applicant and unknown persons. Considering these aspects, and the above affidavit filed by respondent No.2, we proceed to pass the following order :

O R D E R

(i) The Criminal Application is allowed in terms of prayer clause (C), subject to costs of Rs.50,000/- (Rupees fifty thousand) to be deposited by the applicant with the registry of this Court within one week. On deposit of the amount of cost, an amount of Rs.25,000/- (Rupees twenty five thousand) be paid to High Court Bar Library and Rs.25,000/- (Rupees twenty

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five thousand) be paid to High Court Legal Services Authority. (ii) List the matter for compliance on 1st August 2024. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-