Ghanshyam S/O. Murlidhar Sharma And ANR v. The State Of Maharashtra And ANR

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3443 OF 2019 1.

Ghanshyam S/o Murlidhar Sharma Age 59 years, Occ. Business 2.

Harshad S/o Ghanshyam Sharma Age 30 years, Occ. Business Both R/o Flat No. 2, Samay Plaza Gokul Nagar, Nanded.

Applicants

Versus

1.

The State of Maharashtra Through Police Inspector Police Station Shivajinagar Tq. Nanded, Dist. Nanded.

2.

Vinod S/o Pandurang Gawale Age 32 years, Occ. Labour Contractor R/o Bawalgaon, Tq. Mukhed, Dist. Nanded.

Respondents Mr. P.D. Jarare, Advocate for the applicants. Mr. K.S. Patil, APP for respondent No. 1.

Mr. D.B. Bhange, Advocate for respondent No. 2. CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 23rd January, 2020.

ORAL JUDGMENT ( PER T. V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith.

- 2 - 2.

By consent, heard both the sides for fnal disposal. 3.

This proceeding is fled for relief of quashing First Information Report bearing Crime No. 0349/2019 registered with shivajinagar Police Station, Nanded,for offences punishable under Section 3(1)(r) and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 504 and 506 of Indian Penal Code.

4.

During argument, learned counsel for the applicants and informant submitted that the parties have settled the dispute and the informant - Respondent No. 2 has no intention to give evidence if a case is registered against the present applicants. 5.

This Court has carefully gone through the contents of the First Information Report. Informant was working as a labour contractor and the applicants are contractors for supply of electrical material. There was some dispute between them. Informant belongs to Scheduled Caste and in one incident, as he felt insulted, he gave First Information Report and crime came to be registered.

- 3 - 6.

In view of the nature of allegations and as the parties have settled the matter, this Court holds that relief of quashing First Information Report needs to be given. In the result, criminal application is allowed in terms of prayer clause "B". Rule made absolute in above terms.

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