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Bombay High CourtAPPLN/2884/2018rule absolute

Shobha W/O. Uday Deshpande And ANR v. The State Of Maharashtra And ANR

2019-07-19Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice K. K. Sonawane2 pages

Cri. Appln. No. 2884/18

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2884 OF 2018 1.

Shobha w/o. Uday Deshpande, Age 50 years, Occu. Household, R/o. 17-18, Mukund Co-operative Housing Society, Besides Bhawani Petrol Pump, N-2, CIDCO, API Corner, Aurangabad.

2.

Shantanu s/o. Uday Deshpande, Age 24 years, Occu. Service, R/o. Flat No. 2, Madhulka Building, Besides Yash Electronic Ganesh Nagar, Wadgaon Sheri, Pune.

....Applicants.

Versus

1.

The State of Maharashtra Through Mukundwadi Police Station Aurangabad.

2.

Anil Ambadasrao Salave, Age 41 years, Occu. Business, R/o. Mukundwadi, Near Bhavani Mata Mandir, Aurangabad.

....Respondents.

Mr. J.V. Deshpande & Mr. S.N. Dudhate, Advocates for applicants. Mr. M.M. Nerlikar, APP for respondent No. 1/State. Mr. S.A. Wadmare, Advocate for respondent No. 2. CORAM : T.V. NALAWADE AND K.K. SONAWANE, JJ.

DATED : 19/07/2019.

ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

Cri. Appln. No. 2884/18 2.

The present proceeding is filed for relief of quashing of C.R. No. 246/2018 registered with Mukundwadi Police Station, Aurangabad for the offences punishable under sections 504, 506 r/w. 34 of Indian Penal Code and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The first informant and the applicant are occupying some portion of same building. Today during arguments affidavits of first informant and the applicants came to be filed to show that they have settled the dispute. This Court is appreciating the efforts of learned counsel Smt. Wadmare, who took initiative and tried that parties settle the dispute. In view of the contents of the reply affidavit filed by both the sides, relief needs to be given. In the result, the application is allowed. Relief is granted in terms of prayer clause 'B'. Rule is made absolute in those terms.

[ K.K. SONAWANE, J.] [T.V. NALAWADE, J.] ssc/