Sree Sai Ganesh Raghvraju And Others v. The State Of Maharashtra And ANR

1 CrApln 3119-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3119 OF 2018 1] Shree Sai Ganesh Raghavraju, Age : 25 years, Occu. : Labour, Plot No. 21-B, Near Saibaba Mandir, Sector BA, CBD Belapur, Navi Mumbai.

2] J. Suresh Yadav, s/o J Chenga Mandadi, Age : 39 years, Occu. : Labour, R/o 8-165, Appachari Street, Kaveri Nagar, Chittoor, Andhra Pradesh.

3] Anil Gulab Labade, Age : 27 years, Occu. : Labour, R/o At Sohol, Post Gaiwal, Near Water Tank, Gaiwal, Dist. Washim.

4] Chandramani Annasaheb Salve, Age : 30 years, Occu. : Labour, H. N. 350, Galli No. 9, Ambedkar Nagar, Cidco N-7, Auranagabad.

...Applicants

Versus

1] The State of Maharashtra 2] Nagesh Dadarao Bhanuse, Age : 35 years, Occu. : Labour, R/o Vitkheda, Near Hanuman Mandir, Aurangabad.

...Respondents

.......

Mr. Abhishek Kulkarni, Advocate for Applicants. Mr. R. V. Dasalkar, A. P. P. for Respondent No. 1State. Mr. R. C. Bramhankar, Advocate for Respondent No. 2. .......

2 CrApln 3119-2018 CORAM :

T. V. NALAWADE & SMT. VIBHA KANKANWADI, JJ.

DATE :

30-11-2018.

JUDGMENT : [Per Shri T. V. Nalawade, J] 01.

Rule. Rule made returnable forthwith. By consent, heard finally.

02.

Proceedings filed under Section 482 of Cr. P. C. for relief of quashing of F. I. R. No. 326 of 2018 registered with Satara Police Station, Aurangabad for offences punishable under Section 323, 324, 506 read with Section 34 of I. P. C. During arguments, the learned Counsels for the applicants and first informant submitted that the parties have settled the dispute. Affidavit in that regard is filed of both the sides. This Court has carefully gone through the copy of F. I. R. which shows that out of petty quarrel the incident took place and in the quarrel iron rod was used by one of the applicant in the incident and due to that the bleeding injury was caused to the first informant. As the crime is registered under Section 324 of I. P. C. and in view of these circumstances, this Court holds that the relief needs to be given. As the parties have made Police machinery and Court to work, this Court holds that relief can be granted subject to payment of some cost.

3 CrApln 3119-2018

3. In the result, following order;

ORDER

(i)The application is allowed subject to depositing the cost of Rs. 20,000/- by all the 4 applicants together with the High Court Legal Services Authority.

(ii)Cost is to be deposited within 10 days from today.

(iii)If the cost is deposited, it is to be presumed that relief is granted in terms of prayer clause "B".

(iv)Rule is made absolute in those terms.

[SMT. VIBHA KANKANWADI] [T. V. NALAWADE] JUDGE JUDGE Dahibhate/-