Radhanath Ghuran Jha v. The State Of Maharashtra And ANR

1 Cri.Apln 2961-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2961 OF 2018 Radhanath Ghuran Jha, Age 65 years, occupation Nil, R/o C/o. Bhaurao Dande, C-46-8, Sangharsh Nagar, Tq. And Dist.

Aurangabad.

...Applicant

Versus

The State of Maharashtra, Through Police Inspector, Mukundwadi Police Station, Tq. Dist. Aurangabad.

And Other (01)

...Respondent

---- Mr. A. C. Tripathi, Advocate for applicant.

Mr. S. J. Salgare, Addl. Public Prosecutor, for respondent No.1/ State.

Mr. R. S. Kulkarni, Advocate for respondent No.2. ---- CORAM : T. V. NALAWADE & SMT.VIBHA KANKANWADI. JJ.

DATE : 28-11-2018.

ORAL JUDGMENT : ( Per COURT ) 1.

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

2.

The proceeding is filed under Section 482 of Code of Criminal Procedure for relief of quashing of First Information Report bearing No.221 of 2018, registered with Mukundwadi Police Station, Dist. Aurangabad for offences punishable under Section 354, 354-A (2),

2 Cri.Apln 2961-2018 323, 506 of Indian Penal Code. The crime is registered on the information given by respondent No.2 who is the widow of brother of applicant. This Court has gone through the nature of allegations made in the FIR. There was some dispute over the sharing of the property which was ancestral.

3.

Today during the arguments learned counsel for both the sides submitted that, parties have settled their dispute. Such affidavit is filed by the first informant. She has no intention to give evidence against applicant.

4.

In view of nature of relationship and the nature of dispute, this Court holds that, relief needs to be granted in view of the settlement. Hence, application is allowed. Relief is granted in terms of prayer Clause 'B' to the applicants. Rule made absolute in those terms.

(SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE vjg/-.