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Bombay High CourtAPPLN/2479/2018rule absolute

Ajay Indar Lahot And Others v. The State Of Maharashtra And ANR

2018-10-01Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2477 OF 2018 1.

Suresh Ramfal Athwal, Age: 35 years, Occu: Service, 2.

Rahul Rajpal Athwal, Age: 24 years, Occu: Labour 3.

Raju Ramfal Athwal, Age: 38 years, Occu: Labour 4.

Rajpal Hazari Athwal, Age: 50 years, Occu: Labour All R/o Chota Murlidhar Nagar Osmanpura, Aurangabad.

....Applicants.

Versus

1.

The State of Maharashtra 2.

Priyanka Ishwarshing Lahot, Age: 19 years, Occu: Education.

R/o Chota Murlidhar Nagar Osmanpura, Aurangabad.

...Respondents.

Mr. R. P. Bhumkar, Advocate for applicants.

Mrs. D.S. Jape, APP for respondent No. 1/State. Mr. P. S. Pawar, Advocate for respondent No.2. WITH CRIMINAL APPLICATION NO. 2479 OF 2018 1.

Ajay Indar Lahot, Age: 26 years, Occu: Service, 2.

Lakhan Indar Lahot, Age: 17 years, Occu: Education 3.

Manish Ishwar Lahot, Age: 35 years, Occu: Service

4.

Atish Ishwar Lahot, Age: 30 years, Occu: Labour All R/o Chota Murlidhar Nagar Osmanpura, Aurangabad.

....Applicants.

Versus

1.

The State of Maharashtra 2.

Neha Raju Athwal, Age: 19 years, Occu: Education.

R/o Chota Murlidhar Nagar Osmanpura, Aurangabad.

...Respondents.

Mr. P. S. Pawar, Advocate for applicants.

Mr. A. A. Jagatkar, APP for respondent/State No.1 Mr. P. R. Bhamkar, Advocate for respondent No.2. CORAM :T.V. NALAWADE AND SMT. VIBHA KANKANWADI, JJ.

DATED : 01/10/2018.

JUDGMENT : [PER T.V. NALAWADE, J.] 1) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2) In the first proceeding relief of quashing of F.I.R. No. 96/2018 registered with Osmanpura Police Station, Aurangabad for offences punishable under sections 452, 354, 324, 34 etc. of Indian Penal Code is claimed. In the second proceeding, the relief of quashng of F.I.R. No. 93/2018 registered with the same police station for offences punishable under sections 452, 354, 326, 324,

34 etc. of IPC is claimed. In both the F.I.Rs. the victim ladies have mentioned the date of incident as 15.7.2018. It appears that the ladies of both the sides have filed reports against each other. First report was given on 16.7.2018 and second report was given on 17.7.2018.

3) During arguments, submissions were made by the learned counsels for both the sides that the parties have settled their dispute and they have filed affidavits to show that they have settled the dispute and they do not intend to give evidence against each other. The affidavits of first informants, ladies, who had filed reports and also of the injured persons are taken on record. In view of the nature of dispute and the allegations made and as it appears to be of private nature, this Court holds that relief needs to be granted in both the matters. In the result, both the applications are allowed. Relief is granted in terms of prayer clause 'B' in both the matters. The applicants are to deposit rs. 25,000/- in each proceeding and applicants are to share equally this amount in each proceeding. The amount is to be given to High Court Legal Services Authority. The amount is to be deposited within 10 days from today. Rule is made absolute in aforesaid terms.

[SMT. VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.] ssc/ Salim Shafi Choudhari by Salim Shafi Choudhari Date: 2018.10.04 13:24:39 +0530