Janmohammad Lalkhan Pathan And Others v. The State Of Maharashtra And ANR

1 Cri.Apln 2184-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1010 CRIMINAL APPLICATION NO. 2184 OF 2018 JANMOHAMMAD LALKHAN PATHANAND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AD ANR ...

Advocate for Applicants : Mr. Nangare Prashant R. APP for Respondent No.1: Mr. R. V. Dasalkar.

Advocate for Respondent No.2 : Mr. Bade Patil K.D. ...

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

DATE : 26-10-2018.

ORAL JUDGMENT : (Per Court) 1.

At the outset learned counsel for the applicants submits that, he wants to amend the application in respect of crime year, instead of 2017 he want to correct as 2018 in prayer clause of the application.

2.

Permission is granted. Amendment is to be carried out immediately.

3.

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

4.

The proceeding is filed under Section 482 of Code of Criminal Procedure for the relief of quashing of FIR bearing No. 85 of 2018, registered with Amalner Police Station Tq. Patoda Dist. Beed, for the

2 Cri.Apln 2184-2018 offences punishable under Section 327, 452, 323, 504, 506, 120-B read with 34 of Indian Penal Code and Section 3 (1) (10) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5.

During arguments learned counsels of both the sides submitted that, parties have settled the dispute and affidavit of complainant is already filed and today they filed affidavit of wife of the complainant. These two persons could have given evidence as against the applicants but they have settled the dispute and they have no intention to give the evidence against the applicants. 6.

In view of the nature of the dispute and the submissions made by both the counsels before this Court, this Court holds that, relief needs to be granted to the applicants. Hence, application is allowed. Relief is granted in terms of prayer Clause "B". Rule made absolute in those terms.

(SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE vjg/-.