Subhash S/O Magan Shewale And ANR v. The State Of Maharashtra And ANR

( 1 ) cria6660.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6660 OF 2016 1.

Subhash Magan Shewale ..Applicants Age. 36 years, Occ. Business 2.

Nandu s/o. Kisan Shelke Age. 30 years, Occ. Pvt. Service Both R/o. Maniknagar, Naregaon, Aurangabad, Tq. & Dist. Aurangabad.

Versus

1.

The State of Maharashtra ..Non-applicants (Through Police Station MIDC Cidco, Aurangabad) 2.

Anis s/o. Shabbir Pathan Age. 21 years, Occ. Education, R/o. Maniknagar, Naregaon, Aurangabad, Tq. & Dist.

Aurangabad.

Mr.P.C. Mayure, Advocate for the applicants.

Mr.K.S. Patil, A.P.P. for the non-applicant No.1/State. Mr.R.R. Imale, Advocate for the non-applicant No.2. CORAM :

Z.A. HAQ,J.

DATED :

07.12.2016 ORAL JUDGMENT :- .

Heard.

02.

Rule. Rule made returnable forthwith.

03.

The applicants have assailed the order passed by the learned Magistrate refusing to dispose the prosecution

( 2 ) cria6660.16 for the offence punishable under section 324 of the Indian Penal Code, as settled between the parties.

04.

The learned Advocates for the applicants and nonapplicant No.2 relying on the judgment given by the Hon'ble Supreme Court in the case of Yogendra Yadav Vs. The State of Jharkhand, (2014) 9 SCC 653, have submitted that the impugned order be set aside and the prosecution against the applicant be disposed, as the matter is settled between the parties. 05.

Considering the proposition laid down in the judgment referred above, the following order is passed:- (i) The impugned order is set aside.

(ii) The prosecution of the applicant vide R.C.C. No.1201 of 2015 is quashed.

(iii)Rule made absolute in above terms. In the circumstances, parties to bear their own costs. [Z.A. HAQ,J.] /2016/ 16/ snk DEC cria6660.16