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Bombay High CourtAPPLN/3709/2016dismissed

Kiran S/O Narayan Jondhale And Others v. The State Of Maharashtra And ANR

2016-07-14Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya2 pages

sgp APPLN3661.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3661 OF 2016 Kiran S/o. Narayan Jondhale & Ors.

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Applicants

Versus

The State of Maharashtra & Anr.

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Respondents ..............

Mr N. L. Chaudhari, Advocate for the applicants Mr A. R. Borulkar, APP for respondent/State ..............

WITH CRIMINAL APPLICATION NO. 3662 OF 2016 CRIMINAL APPLICATION NO. 3709 OF 2016 CRIMINAL APPLICATION NO. 3835 OF 2016 CRIMINAL APPLICATION NO. 3836 OF 2016 CORAM : A.V.NIRGUDE & V.L. ACHLIYA, JJ.

DATED :

14.07.2016.

PER COURT :

.

All these applications are seeking quashing of Criminal Complaints and the further criminal proceedings of Crime bearing Nos. 41/2016, 60/2016, 44/2016 registered at Deopur Police Station and Azadnagar Police Station, Dhule. Both the sides are present before the Court. They are identified by their respective Counsel. In these cases, there are counter complaints. In one case, offence of attempt to commit murder is alleged and in other case, offence of dacoity is alleged.

sgp APPLN3661.2016 2.

On perusal of the papers, we realized that the description in the complaints were exaggerated purposely to cause injury to the other side. This was most probably done out of spite. Now the parties have settled the dispute between them. Affidavits are filed assuring the Court that, they would not take the case further. Nonetheless, we find that initially both the parties exaggerated their account of the incident and put unnecessary burden on police machinery. 3.

We, therefore, allow the applications on payment of Rs. 50,000/- as costs on both the sides. This cost shall be deposited with the High Court Legal Aid Sub-Committee, Aurangabad within a period of one week, failing which the criminal applications shall stand dismissed automatically without further reference to the Court. [ V. L. ACHLIYA ] [ A. V. NIRGUDE ] JUDGE JUDGE