Mannusing Chavdas Pardeshi v. The State Of Maharashtra And Another

1 3519.2022APPLN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 CRIMINAL APPLICATION NO.3519 OF 2022 MANNUSING CHAVDAS PARDESHI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the applicant : Mr.Y.H. Jadhav APP for the respondent - State : Mr. S.J. Salgare Advocate for respondent no.2 : Mr.D.D. Pande ...

CORAM

: MANGESH S. PATIL & M.M. SATHAYE, JJ.

DATE : 21 MARCH 2023 PC :

Heard both the sides.

2.

Learned advocate for respondent no.2 tenders across the bar his affidavit in reply along with the papers. 3.

The applicant is seeking quashment of crime registered on F.I.R. lodged by respondent no.2 being crime no.671 of 2022 registered with MIDC Police Station, Jalgaon for the offences punishable under sections 326, 504, 506 of the Indian Penal Code and the subsequent R.C.C. No.933 of 2022 pending on the file of Judicial Magistrate, First Class at Jalgaon.

4.

It appears that applicant and respondent no.2 have amicably settled the dispute. They are landlord and tenant residing in the same house and in order to maintain peace, they have decided to put full stop to the dispute.

2 3519.2022APPLN 5.

In the affidavit in reply, respondent no.2 has expressly consented for quashment of the crime and the charge-sheet. Following the principles in the case of Gian Singh Vs. State of Punjab and another; (2012) 10 SCC 303, apparently no public policy is involved neither the proposed settlement is prompted by some ulterior reasons. 6.

Injury certificate mentions about only one simple injury with a brick.

7.

We allow the application and quash and set aside F.I.R. No.671 of 2022 registered with MIDC Police Station, Jalgaon, for the offences punishable under sections 326, 504, 506 of the Indian Penal code and subsequent R.C.C. No.933 of 2022 pending on the file of 5th Joint Civil Judge, Junior Division and Judicial Magistrate, First Class at Jalgaon.

[ M.M. SATHAYE ] [ MANGESH S. PATIL ] JUDGE JUDGE sga/