Vijay S/O. Jagannath Chinchkar And ANR v. The State Of Maharashtra And ANR

Cri.Appln.No.3036/2019 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3036 OF 2019 WITH CRIMINAL APPLICATION NO.3230 OF 2023 Vijay s/o Jagannath Chinchkar & anr.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. V.D. Gunale, Advocate for applicants Mr. A.R. Kale, A.P.P. for respondent No.1.

Ms Ashwini Lomte, Advocate holding for Mr. S.J. Salunke, Advocate for respondent No.2. .......

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

31st AUGUST, 2023 O R D E R :

Heard. For the reasons given in Criminal Application No.3230/2023, the same is allowed in terms of prayer clause (B). Amendment to be carried out within a week.

2.

The Criminal Application No.3036/2019 has been filed for quashment of F.I.R. bearing Crime No.0303/2019, registered with Kaij Police Station, District Beed for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code. 3.

The learned A.P.P. has strong reservations to allow the

Cri.Appln.No.3036/2019 :: 2 ::

application with the consent of respondent No.2 (informant - victim).

4.

The applicants are alleged to have committed offence under Section 420 read with Section 34 of the Indian Penal Code. The parties have arrived at a settlement. Terms of settlement were placed before the Court of Additional Sessions Judge in Criminal Revision Application No.6/2020. The respondent No.2 - informant has received back his sum of Rs.3,25,000/- from the applicants herein. With a view to give peace a chance, the Criminal Application No.3036/2019 is allowed in terms of prayer clause (C), subject to payment of costs of Rs.25,000/- (Rupees twenty five thousand) to be paid to the E-Library of Government Pleader's Office, High Court, Bench at Aurangabad within a period of one week from today. Needless to mention, the entire proceedings before the trial Court stand disposed of in spite of the fact that one of the accused is not before this Court.

5.

List the Criminal Application No.3036/2019 for compliance of this order, on 11th September 2023. (SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-