Anant Gangaram Pujalwar And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:1474-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 CRIMINAL APPLICATION NO. 2943 OF 2022 ANANT GANGARAM PUJALWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. S. S. Thombre APP for Respondents: Mr. A. D. Wange Advocate for Respondent No.2 : Mr.R. B. Temak ...

CORAM : SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

DATED :

16th JANUARY, 2025 PER COURT :- 1.

The learned Advocate appearing for the applicants and the learned Advocate for respondent No.2 submit that there was a compromise which was arrived at between the parties and the said compromise was read and recorded in Special Civil Suit No.1/2023 before National Lok Adalat on 28.09.2024. Now by way of affidavitin-reply, respondent No.2 submits that she has no objection for quashing the proceedings.

2.

The said affidavit has been verified by Assistant Registrar of this Court and it appears that in order to have identity established he has seen the Aadhar Card of the informant.

-23.

It is to be noted that respondent No.2 had filed private complaint, i.e., R.C.C. No.42/2022 before learned Judicial Magistrate First Class, Degloor, wherein, prayer for action under Section 156(3) of Cr.P.C. was prayed. Thereupon, by order dated 05.08.2022, Learned Judicial Magistrate First Class had given the directions for investigation under Section 156(3) of Cr.P.C. Pursuant to the said order FIR vide C.R. No.394/2022 came to be registered on 19.08.2022 and it is now transpiring that the matter was compromised before Lok Adalat on 28.09.2024. That means the informant as well as the applicants have utilized the machinery and though it appears that till today the charge sheet is not filed. There is no hurdle in exercising the power under Section 482 of Cr.P.C. 4.

Learned A.P.P. submits the communication to him by the Investigating Officer, wherein, it is stated that in view of the statement made by informant, i.e., Respondent No.2, 'C Summary' has been filed.

5.

Taking into consideration the above facts, the FIR vide C.R.No.394/2022 thereby directing the investigation to be carried out under Section 156(3) of the Cr.P.C. is quashed and set aside subject to deposit of cost of Rs.5,000/-each by the applicants and Rs.5,000/-

-3by respondent No.2 with the Committee of learned Registrar (Administration) of this bench and the Medical Officer attached to the Dispensary of this Court on or before 30.01.2025. [ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE A.G.Narwade