Abdul S/O Jamadar Shaikh Nd ORS v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 6700 OF 2015 1.

Abdul S/o. Jamadar Shaikh, Age 55 years, Occ. Business, 2.

Jahur S/o. Jamadar Shaikh, Age 52 years, Occ. Business, 3.

Mosin S/o. Jahur Shaikh, Age 23 years, Occ. Business, All R/o Shiblapur, Tq. Sangamner, Dist. Ahmednagar.

... APPLICANTS V E R S U S 1.

The State of Maharashtra, Through P.S. Ashvi, Tq. Sangamner, Dist. Ahmednagar.

2.

Dilip S/o Daulat Mantode, Age 45 years, Occu. Agri., R/o. Shiblapur, Tq. Sangamner, Dist. Ahmednagar.

... RESPONDENTS ...

Mr. M. S. Shaikh, Advocate for Applicants.

Mr. M. M. Nerlikar, APP for Respondent No.1 / State. Mr. R. L. Kute, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & K. L. WADANE, JJ.

DATE :

03rd August, 2018.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No.12 of 2015, registered with Ashvi Police Station, District Ahmednagar, for the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 323, 504 and 506 of the Indian Penal Code. The relief is claimed for quashing of charge-sheet also.

During arguments, both the sides submitted that the parties have settled the dispute amicably. Affidavit of the first informant is filed to that effect and it shows that the Respondent does not want to give any evidence against the Applicants and they want to live peaceful life in the village. The material shows that there was political dispute and out of that FIR was given. In view of the nature of dispute and aforesaid circumstances, this Court holds that application needs to be allowed and relief needs to be granted. In the result, the

following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (A-1). III.

Rule is made absolute in those terms.

[ K. L. WADANE, J. ] [ T. V. NALAWADE, J. ] ndm