Raju Rangnath Kharat v. The State Of Maharashtra And Another

2024:BHC-AUG:16202-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

903 CRIMINAL APPLICATION NO. 2895 OF 2024 Raju Rangnath Kharat ..Applicant

Versus

The State of Maharashtra and Another ..Respondents .....

Mr. A. S. Avhad h/f. Mr. S. G. Ghongade, Advocate for Applicant Mr. S. S. Dande, APP for for Respondent / State .....

AND 903 CRIMINAL APPLICATION NO. 2902 OF 2024 Avinash Raju Gaikwad and Others ..Applicants

Versus

The State of Maharashtra and Another ..Respondents .....

Mr. Vijay S. Wakale, Advocate for Applicants Mr. S. S. Dande, APP for for Respondent / State .....

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

Dated : July 26, 2024 PER COURT :- .

Criminal Application No. 2895 of 2024 is for quashing of the FIR No.121/2021 registered with Daulatabad Police Station, Aurangabad for the offence punishable under Sections 324, 323, 504, 506 r/w. Section 34 of the Indian Penal Code and case arising out of the same bearing R.C.C. No. 1270/2023 pending before the Judicial Magistrate First Class

Court, Aurangabad.

2.

Criminal Application No.2902 of 2024 is for quashing of the FIR No.286/2021 registered with Jinsi Police Station, Aurangabad for the offence punishable under Sections 324, 323, 504, 427 r/w. Section 34 of the Indian Penal Code and case arising out of the same bearing R.C.C. No. 2950/2021 pending before the Judicial Magistrate First Class Court, Aurangabad.

3.

Learned Advocates for the Applicants, learned APPs for the State, Respondent No.2 / Informant and both the Applicants in the respective matters are present.

4.

It is submitted by learned Advocates for the Applicants that the aforesaid crimes are case and counter case. The Informant in the crimes are the Accused in counter crimes. They submit that the parties have settled the matter. They have placed on record the copies of the Affidavits sworn in by the Informants in both the crimes. The same are taken on record and marked as Exh. 'X' (in Criminal Application No. 2895 of 2024) and 'X-1' (Criminal Application No.2902 of 2024). 5.

Learned APPs for the State oppose the Applications. 6.

On perusal of the affidavits, it is seen that the parties have no objection for quashing of the FIR/s. There are counter cases.

Considering the nature of the offences and the affidavits, we proceed to pass the following order:

ORDER

(i) Criminal Application Nos.2895 of 2024 and 2902 of 2024 are allowed in terms of prayer clause 'B' thereof. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 31/07/2024 19:48:58