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Bombay High CourtAPPLN/3392/2019application allowed

Rajendra S/O. Bhagwantrao Pawar And Others v. The State Of Maharashtra And ANR

2020-01-08Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar2 pages

929 Cri. Appln. No. 3392-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CORAM

:T.V. NALAWADE AND M. G. SEWLIKAR,JJ.

DATE : 08.01.2020.

ORAL JUDGMENT ( PER T.V. NALWADE, J) :- Rule. Rule made returnable forthwith. By consent heard both the sides for fnal disposal.

2.

The present proceeding is fled for relief of quashing of FIR No. 36/2019 registered with Amalner Police Station, District Jalgaon for the ofence punishable under Section 326,294 ... of the Indian Penal Code. The report is given by respondent No.2. This Court has carefully gone through the allegations made in the FIR and the injury certifcate. During the arguments, learned counsel for the applicant and learned counsel for the frst informant submitted parties have settled the dispute and the informant has no intention to give evidence against the present applicant. By way of precaution, this Court has asked the learned A.P.P to collect information regarding the antecedents of the applicants. Report of the concerned Police Station is received by the Investigation Ofcer. 3.

Copy of the report is to be taken on record. In view of the

929 Cri. Appln. No. 3392-2019.odt nature of grievance between the parties and the nature of injury and fact that allegations that Iron bar was used to assault and assault was also made by fst blows and kicks. This Court holds that relief needs to be given. In the result, following order :-

ORDER

1.

Application is allowed.

2.

Relief is granted to them in terms of prayer clause 'A'. 3.

Rule made absolute in those terms.

(M.G.SEWLIKAR, J.) (T.V. NALAWADE, J.)