Minakshi Babasaheb Chate And Others v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1660 OF 2019 Minakshi Babasaheb Chate age 45 years, occ. household/agri.

r/o Balaghat Shikshak Colony Canal road, Beed Tq. & Dist. Beed.

Ashok Ankurshrao Ghuge age 47 years, occ. Agril & Legal practitioner r/o Canal Road, Beed Tq. & Dist. Beed.

Dr. Laxman Bhaskar Ware age 33 years, occ. Medical Practitioner r/o Ware Niwas, Survey no. 66 Circus Ground Behind Government ITI, Beed, Tq. & Dist. Beed.

Govind Dnyanoba Munde age 37 years, occ. Agri. & labour r/o Tadsonna, Tq. & Dist. Beed.

Babasaheb Bibishan Munde age 29 years, occ. Agri. & Labour r/o Tadsonna, Tq. & Dist. Beed.

Petitioners

Versus

The State of Maharashtra Through Police Station Offcer Wadwani Police Station Tq. Wadwani, Dist. Beed.

Sarjerao Bhanudas Alane age major, occ. Agri r/o Wadwani, tq. Wadwani Respondents

- 2 - Mr. S.R. Shirsat, Advocate holding for Mr. N.V. Gaware, Advocate for petitioners.

Mr. M.M. Nerlikar, APP for respondent No. 1. Mr. P.R. Katneshwarkar, Advocate for respondent No. 2. WITH CRIMINAL APPLICATION NO. 3695 OF 2019 Sarjerao Bhanudas Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwni Udhav Yashwant Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani Narayan Sarjerao Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani Nagesh Sarjerao Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani Dr. Sitaram Laxman Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani 6.

Ashok Shreekishan Bagde age major, occ. Agriculture r/o Wadwani, Tq. Wadwani 7.

Shreekishan digambar Bagde age major, occ. Agriculture r/o Wadwani, Tq. Wadwani

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Laxman Bhanudas Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani 9.

Keshav Laxman Alane age major, occ. Agriculture r/o Wadwani, Tq. Wadwani Applicants

Versus

The State of Maharashtra Through the Incharge Police Station Offcer, Police Station Wadwani Tq. Wadawani, Dist. Beed.

Laxman Bhaskar Ware age 33 years, occ. Doctor r/o Circus Ground Shakari Behind I.T.I. Wadwani Tq. Wadwani Dist. Beed.

Respondents Mr.P.R. Katneshwarkar, Advocate for applicants. Mr. M.M. Nerlikar, APP for respondent No. 1. Mr. S.R. Shirsat, Advocate holding for Mr. N.V. Gaware, Advocate for respondent No. 2.

CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 14th January, 2021.

ORAL JUDGMENT : ( Per T.V. Nalawade, J.) Rule. Rule made returnable forthwith.

- 4 - By consent, heard both the sides for fnal disposal at admission stage.

Criminal Writ Petition No. 1660/2019 is fled for quashing of CR No. 98/2019 registered with Wadwani Police Station, Tq. Wadawani, Dist. Beed for offence punishable under sections 307, 325, 143, 147, 148, 149 and 504 of the Indian Penal Code. The crime is registered on the basis of report given by respondent No. 2 Sarjerao Bhanudas Alane. In this matter, there is affdavit of Sarjerao Bhanudas Alane.

Criminal Application No. 3695/2019 is fled for relief of quashing of CR No. 97/2019 registered with Wadwani Police Station, Tq. Wadwani, Dist. Beed, for offence punishable under section 324, 143, 147, 148, 149 and 504 of Indian Penal Code. The crime is registered on the basis of report given by respondent No. 2-Laxman Bhaskar Ware. In this matter, affdavit of respondent No. 2-Laxman Bhaskar Ware is fled which is to the effect that the parties have settled the dispute and they do not want to given evidence against each other as they want to lead peaceful life in future.

- 5 - In aforesaid two matters, there are affdavits of persons like Chakradhar Mundhe, Sitaram Alane, Uddhav Alane, Shrikishan Bagde, Rameshwar Kanade and Sunita Ghuge.

6.

Parties of both the proceedings are residents of the same village and they have settled the dispute. This Court has gone through the other record like nature of weapon used and injuries caused. By way of precaution, this Court had asked learned APP to ascertain the antecedents of the applicants. It was submitted by learned APP that as against Ashok-applicant No. 6 in Criminal Application no. 3695/2019, one case was registered in the year 2010 for offence punishable under Section 354 of the Indian Penal code. In this regard, submission is made by learned counsel Shri Shirsat that Ashok came to be acquitted in that case. In any case, in view of the nature of offence alleged against him in the year 2010, this Court holds that said circumstance need not be considered against him. 7.

In view of these circumstances, this Court holds that relief needs to be granted in both the proceedings. Hence the following order :-

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ORDER

Criminal Writ Petition No. 1660/2019 and Criminal Application No. 3695/2019 are allowed. Relief is granted in terms of prayer clause 'B' in Criminal Writ Petition No. 1660/2019 and, in Criminal Application No. 3695/2019, relief is granted in terms of prayer clause 'A'.

Aforesaid relief is subject to the condition that the applicants and petitioners need to deposit amount of Rs. 5,000/- each as cost which the State has incurred for making investigation and as the cost of the present proceedings. The amount be deposited within four weeks from today. After deposit of the amount, the same be credited in the account of High Court Legal Services Authority, Sub-Committee at Aurangabad.

If the amount is not deposited then it is to be presumed that no relief is granted and the both the matters are dismissed.

Rule made absolute in above terms.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb