Mahadev S/O. Ramnath Avhad v. The State Of Maharashtra And ANR

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3154 OF 2018 1.

Ram @ Ramnath Babasaheb Khade, Age: 24 years, Occu. Education, 2.

Soma @ Somnath Babasaheb Khade, Age: 22 years, Occu. Education, 3.

Babasaheb @ Babu Shankar Shirsath, Age: 25 years, Occu. Education 4.

Nitin @ Bablu Namdev Shirsath, Age: 23 years, Occu. Education, 5.

Sagar Laxman Sanap, Minor through his Mother, Meerabai Laxman Sanap Age: 40 yrs. Occu. Household, All R/o. Shirsatwadi, Tal. Pathardi, Dist. Ahmednagar.

....Applicants.

Versus

1.

The State of Maharashtra Through Police Station Pathardi, Dist. Ahmednagar.

2.

Mangal Baburao Misal, Age: 35, Occu. Household, R/o. Indiranagar, Pathardi, Tal: Pathardi, Dist. Ahmednagar.

....Respondents.

Mr. P. R. Nangare,Advocate for Applicants.

Mr. A.A. Jagtkar, APP for Respondent No.1.

Mr. S.G. Nandedkar, Advocate for Respondent No.2. WITH CRIMINAL APPLICATION NO.2829 OF 2018 Mahadev S/o. Ramnath Avhad, Age: 19 years, Occu. Education, R/o. Shirsatwadi, Tal. Pathardi,

Dist. Ahmednagar.

....Applicant.

Versus

1.

The State of Maharashtra Through Police Station Pathardi, Dist. Ahmednagar.

2.

Mangal Baburao Misal, Age: 35, Occu. Household, R/o. Indiranagar, Pathardi, Tal: Pathardi, Dist. Ahmednagar.

....Respondents.

Mr. P. R. Nangare,Advocate for Applicant Mr. A.A. Jagtkar, APP for Respondent No.1.

Mr. S.G. Nandedkar, Advocate for Respondent No.2. CORAM :T.V. NALAWADE AND SMT. VIBHA KANKANWADI, JJ.

DATED : 29/11/2018.

JUDGMENT : [PER T.V. NALAWADE, J.] 1.

Both the proceedings are filed for relief of quashing of F.I.R. No. 112/2018 registered with Pathardi Police Station, Ahmednagar for the offences punishable under sections 354, 323, 149 etc. of Indian Penal Code and sections 3(1)(r)(s), 3 (2) (va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

2.

During arguments, the learned counsels of the applicants and the first informant submitted that the parties have settled the dispute in both the proceedings. Affidavits of first informant are filed to that effect. She has no intention to give evidence in the matter. It

appears that one accused by name Ganesh Shirsath is not before this Court and on that, the learned counsel for first informant submitted that he has no objection, if entire F.I.R. is quashed and set aside. This Court has gone through the F.I.R. Parties were known to each other and during incident of quarrel, the alleged incident took place. In view of nature of dispute and the circumstance that they want to live peaceful life, this Court holds that, relief needs to be granted.

3.

In the result, both the applications are allowed. Relief is granted in terms of prayer clause 'B'. Entire F.I.R. is quashed and set aside. Rule is made absolute in those terms.

[SMT. VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.] ssc/