Sunil S/O Ambadas Galande v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5854 OF 2015 SUNIL S/O AMBADAS GALANDE

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Applicants : Mr. Salunke Sudarshan J APP for Respondent No.1: Mr. M.M. Nerlikar Advocate for Respondent No.2 : Mr. S.A. Wakure .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 18th NOVEMBER, 2015 P.C. :- 1.

The present applicant is seeking quashing of complaint being crime No. 45 of 2015 registered at Police station, Kaij, District Beed. 2.

Mr. Salunke, learned counsel for applicant submits that the complaint was filed on erroneous grounds. The informant and the accused have compounded the dispute. According to the learned counsel, even the complaint does not disclose any offence and only vague averments are made.

3.

Mr. Wakure, learned counsel for the complainant accepts that the parties have settled the matter amicably between them so as to maintain cordial relations. The informant has no grievance against

-2the applicant.

4.

We have gone through the complaint. The offences under Sections 354, 354-A(1), 354-B are not compoundable offences. 5.

We have perused the complaint also. It appears that there was monetary dispute between the parties with regard to service and further allegations of invoking offences under Sections 354, 354-A and 354-B made in the complaint.

6.

The informant is also present in the Court. She admitted the contents of affidavit filed. The informant is identified by Mr. Wakure, learned counsel.

7.

It appears that the dispute being monetary regarding taking daughter of the informant in service and dispute is outcome of the same, the parties have amicably settled the said dispute. The settlement is arrived at between the parties at initial stage, the charge sheet is not yet filed.

8.

Considering the fact that the parties have settled the matter, the peace and harmony would be maintained between the parties. On perusal of contents of complaint, it has a remote chance of

-3conviction under Section 354 of I.P.C.

9.

Considering the above, the complaint F.I.R. No. 45 of 2015 dated 26.2.2015 registered at police station Kaij, District Beed for the offences punishable under Sections 354, 354-A(1), 354-B, 506, 504 of I.P.C. is quashed and set aside.

10.

Criminal application is disposed of.

( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/