Vishnu Bhaurao Tagad And Other v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2823 OF 2024 Sagar Arun Khose and Ors.
....Applicants
VERSUS
The State of Maharashtra and Anr.
.....Respondents .....
Mr. Dnyaneshwar Raosaheb Kale, Advocate for Applicant Mr. A. D. Wange, APP for Respondent No.1 - State .....
AND CRIMINAL APPLICATION NO. 2838 OF 2024 Vishnu Bhaurao Tagad and Ors.
....Applicants
VERSUS
The State of Maharashtra and Anr.
.....Respondents .....
Mr. Lagad Yogesh Hanumant, Advocate for Applicants Mrs. Vaishali N. Patil - Jadhav, APP for Respondent No.1 - State .....
CORAM
:
R. G. AVACHAT & NEERAJ P. DHOTE, JJ.
DATE :
16.07.2024 PER COURT :
1.
In Criminal Application No.2823/2024, the Applicants have prayed quashing of FIR bearing Crime No.247/2024 registered on 03/06/2024 with Sonai Police Station, District Ahmednagar for the offence punishable under Sections 143, 147, 148, 149, 354, 354-B, 327, 324, 427, 504, 506 of the Indian Penal Code, 1860 [hereinafter referred to as 'IPC'].
2.
In Criminal Application No.2838/2024, the Applicants have prayed quashing of FIR bearing Crime No.248/2024 registered on 03/06/2024 with Sonai Police Station, District Ahmednagar for the
offence punishable under Sections 327, 354, 354-A, 452, 324, 323, 506 read with Section 34 of the Indian Penal Code, 1860 [hereinafter referred to as 'IPC'].
3.
Learned Advocates for the Applicants and the Respondents in both the Applications submitted that these are the matters arising out of the case and cross-case. They submitted that now the parties have settled the dispute and arrived at an amicable settlement. They submitted that considering the nature of offence, the aforesaid aspects and the parties being relatives of each other, the Applications be allowed in view of the Affdavits of the Informants.
4.
Learned APPs oppose the Applications. They submitted that considering the nature of offence, Applications be rejected. 5.
It is not disputed that the Applicants and Respondents in the matters are related to each other. Both the FIRs are fled for one and the same incident. The Affdavits of both the Informants are placed on record. Perusal of the same show that they have decided to settle the matters without any terms and conditions and to maintain piece. It is stated that they have no objection for quashing the FIRs.
6.
In view of the above, we are inclined to exercise the powers under Section 482 of Cr.PC and proceed to pass the following order :
ORDER
(I) Criminal Application No.2823/2024 is allowed in terms of prayer clause - 'B' subject to the costs of Rs.30,000/- [Rupees Thirty Thousand Only] to be paid to the High Court Legal Services Sub-Committee, Aurangabad, within a period of three (3) weeks to be paid by the Applicants in each Application.
(II) Criminal Application No.2838/2024 is allowed in terms of prayer clause - 'B' subject to the costs of Rs.30,000/- [Rupees Thirty Thousand Only] to be paid to the High Court Legal Services Sub-Committee, Aurangabad, within a period of three (3) weeks to be paid by the Applicants in each Application. (III) The compliance reports be submitted thereafter. (IV) List the matters on 06/08/2024 for compliance. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 19/07/2024 10:56:03