Adinath S/O Bappasaheb Bharti And ORS v. The State Of Maharashtra And ANR

Cri Appln No.5183.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ...

CRIMINAL APPLICATION NO. 5183 OF 2015 ...

ADINATH S/O BAPPASAHEB BHARTI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicants : Mr R G Hange APP for Respondents: Mr M M Nerlikar Advocate for Respondent 2 : Mr R B Dhaware ...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: November 23, 2015 ...

PER COURT :- 1.

Mr Hange, the learned counsel for the applicants submit that the complaint was filed due to mis-understanding by the respondents, so also due to the village politics. No such incident as alleged had taken place. Respondent No.2 has also agreed to settle the matter and has settled the matter after intervention of all the villagers. Applicants and respondent no.2 are residents of same village.

2.

The learned counsel for respondent no.2 submits that respondent no.2 has settled the matter with the applicant. The affidavit of respondent no.2 is filed. Respondent no.2 is personally present in the court. He is identified by his Advocate. He admits the contents of the affidavit.

3.

We have heard learned APP also.

Cri Appln No.5183.2015.odt 4.

It would be seen that the applicants and respondent no.2 are residents of the same village. The complaint appears to be outcome of some political rivalries. Parties with the intervention of villagers have settled the matter. Matter is settled in order to maintain peace and harmony and cordial relations. Considering the contents of the complaint, chances of conviction are also remote.

5.

Considering the aforesaid aspects of the matter, settlement is accepted. First Information Report bearing Crime No.67/2015 registered with Chaklamba Police Station, Tq. Gevrai, Dist Beed for the offences punishable under sections 399 and 402 of the Indian Penal Code is quashed and set aside to the extent of present applicants only.

6.

Criminal application stands disposed of.

( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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