Parvin Begam Jalil Khan And Others v. The State Of Maharashtra And Another
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3372 OF 2023 Rajendra s/o Anna Sirsath & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. M.B. Sandanshiv, Advocate for applicants Mr. A.R. Kale, A.P.P. for respondent No.1.
Mr. R.B.Hiwale, Advocate for respondent No.2. .......
WITH CRIMINAL APPLICATION NO.3371 OF 2023 Parvin Begam Jalil Khan & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. R.B.Hiwale, Advocate for applicants Mr. P.N. Kutti, A.P.P. for respondent No.1.
Mr. M.B. Sandanshiv, Advocate for respondent No.2. .......
CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.
DATE :
18th OCTOBER, 2023 O R D E R :
Heard. Issue notice to respondents returnable forthwith. Learned A.P.P. waives service for respondent No.1. Learned counsel Mr. Hiwrale and Sandanshiv waive service
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for respondent No.2 in respective applications. 2.
These are the applications for quashing the R.C.C. No.2079/2019, pending before the learned Judicial Magistrate, First Class, (Railway Court), Aurangabad for the offences punishable under Sections 452, 294, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sessions Case No.54/2019, pending before the learned District & Sessions Court, Aurangabad (D.J.-2) for the offences punishable under Sections 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act for short). In Criminal Application No.3371/2023, there are allegations of abusing on the caste to the informant. 3.
The applicants in both the applications have filed their affidavits-cum-compromise pursis, which are marked as Exhibit "X" and Exhibit "X-1" respectively.
4.
Learned A.P.Ps. have strong reservations to allow the applications. Both the learned A.P.Ps. lastly submitted that the applications shall be rejected considering the serious nature of crime under the Atrocities Act.
5.
Considering the fact that the parties have settled their issues and compromised the matter, the applications deserve to be
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allowed and same are allowed in terms of prayer clause (B). However, both the applicants in Criminal Application No.3371/2023 shall deposit sum of Rs.12,500/- each in the registry of this Court within a period of two weeks from today along with the details, such as, name of the depositor, his/her/their PAN Number, Mobile Number and address. On deposit of the said amount, as aforesaid, the Registry is directed to transmit the said amount along with the aforesaid details of the depositor/s, to the NAAM Foundation, which is working for prevention of suicidal death of farmers in Maharashtra State, as early as possible. The account details of the NAAM Foundation, are as under :
Name of the Bank :
State Bank of India (07339) University Road, Pune, Maharashtra Account No.
:
35226127148 IFSC Code :
SBIN0007339 Account Type :
Current Account.
6.
The respondent No.2 informant in Criminal Application No.3372/2021 is present. He submits that he has not received any amount under any of the Scheme of the State.
7.
The matters be placed for compliance on 7th November 2023.
(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-