Dattu Punja Hase And Others v. The State Of Maharashtra And Another
1 Cr.appln.2285.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 43 CRIMINAL APPLICATION NO.2285 OF 2021 Dattu Punja Hase, Aged 73 years, Occu. Agri, Ramnath Punja Hase, Aged 68 years, Occu. Agri., 3.
Manohar Punja Hase, Aged 75 years, Occu.Agri., 4.
Balasaheb Ramnath Hase, Aged 45 years, Occu.Agri., 5.
Ashok Ramnath Hase, Aged 48 years, Occu. Agri., 6.
Bhausaheb Manohar Hase, Aged 45 years, Occu. Agri., 7.
Vilas Manohar Hase, Aged 43 years, Occu. Agri., 8.
Arun Manohar Hase, Aged 41 years, Occu. Agri., 9.
Sudam Dattu Hase, Aged 49 years, Occu. Agri.,
10. Sandeep Dattu Hase, Aged 41 years, Occu. Agri.,
11. Suman Manohar Hase, Aged 73 years, Occu. Household,
12. Sitabai Dattu Hase, Aged 68 years, Occu. Household,
13. Sunita Ramnath Hase, Aged 68 years, Occu. Household,
2 Cr.appln.2285.2021
14. Anita Bhausaheb Hase, Aged 41 years, Occu. Household,
15. Manisha Vilas Hase, Aged 40 years, occu. Household,
16. Manisha Ashok Hase, Aged 44 years, Occu. Household,
17. Sonali Arun Hase, Aged 38 years, Occu. Household,
18. Usha Balasaheb Hase, Aged 41 years, Occu. Household,
19. Alka Sudam Hase, Aged 44 years, Occu. Household,
20. Madhuri Sandeep Hase, Aged 33 years, Occu. Household, all above Applicants are residing at Village Rajapur, Tq. Sangamner, District Ahmednagar .. Applicants
VERSUS
The State of Maharashtra, Through, The In-charge, Of Police Station Sangamner, District: Ahmednagar Chaya Ramdas Suralkar, Aged 43, Occu. Household, Residing at Village Rajapur, Tq. Sangamner, District Ahemednagar .. Respondents ...
Advocate for Applicants: Mr. R. D. Biradar APP for Respondent No.1: Mr. A. V. Deshmukh Advocate for Respondent No.2: Mr. A. S. Shejwal ...
CORAM:V. M. DESHPANDE &
3 Cr.appln.2285.2021 SANDIPKUMAR C. MORE, JJ.
DATE: 18th APRIL, 2022 Oral Judgment (Per V. M. Deshpande, J.):
Rule. Rule is made returnable forthwith.
Heard finally with consent of parties.
By filing the present application U/Sec.482 of the Code of Criminal Procedure, 1973 the applicants are praying for quashing of the proceedings of Sessions Case No.35/2012 arising out of first Information Report for the offence punishable U/Sec.141, 143, 147, 148, 295, 427, 452 of the Indian Penal Code, 1860 and Section 3(1)
(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(D) of the Civil Protection Act.
3.
Heard the learned Counsel for the applicants and non-applicant no.2 / original complainant and also after having perused the affidavit-in-reply filed on behalf of the non-applicant no.2 which states that the parties have settled their dispute amicably. There is no dispute remained in between the applicants and the non-applicant no.2. In that view of the matter, this case is covered by the judgment of the Hon'ble Apex Court in case of Hitesh Verma Vs. The State of Uttarakhand reported in (2020) 10 SCC 710. Hence, we pass the following order.
4 Cr.appln.2285.2021 4.
Application is allowed.
5.
The proceedings of Sessions Case No.35/2012 arising out of the First Information Report No.I-44/12 dated 05.04.2022 registered with police station Sangamner, District Ahmednagar for the offence punishable U/Sec.141, 143, 147, 148, 295, 427, 452 of the Indian Penal Code, 1860 and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(D) of the Civil Protection Act are quashed and set aside. Rule is made absolute.
6.
Criminal Application is accordingly disposed of.
[SANDIPKUMAR C. MORE, J.] [V. M. DESHPANDE, J.] marathe