Shaikh Karim S/O Shaikh Hamit And ORS v. The State Of Maharashtra And ORS

cran6803.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6803 OF 2015 SHAIKH KARIM S/O SHAIKH HAMIT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS .....

Advocate for Applicants : Mr. N. K. Kakade APP for Respondent No. 1 : Mr. S. G. Karlekar Advocate for Respondent Nos. 2 and 3 : Mr. D. R. Markad .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 21st DECEMBER, 2015 P.C. :- 1.

The present application is filed for quashing the Sessions Case No. 291/2012 pending with the learned Additional Sessions Judge, Vaijapur, District Aurangabad, for the offences punishable under Sections 307, 143, 147, 148, 149, 504 of IPC. 2.

The complainant and the injured are present before the Court. They submit that the matter is amicably settled between them. The accused and the complainant reside in the same village. They are relatives of each other. So as to maintain cordial relations between them, they have settled the matter.

3.

The injured person and the complainant are present before the Court. They accept the contents of compromise petition filed before the

cran6803.15 -2Court. They are identified by their advocate. 4.

It is stated that the applicants, the complainant and the injured are the residents of same village and they are relatives of each other. So as to maintain peace, harmony and cordial relations, the matter has been settled between them.

5.

We have considered the complaint and the injury certificate. The injuries sustained are simple in nature. Chances of conviction under Section 307 of IPC are remote.

6.

The applicants and the complainant appear to belong to the same village and are relatives. To avoid disharmony, the matter has been settled.

7.

In light of the above, we accept the same. The Sessions case No. 291/2012, pursuant to Crime No. I-38/2011, pending with learned Additional Sessions Judge, Vaijapur, District Aurangabad, for the offences punishable under Sections 307, 143, 147, 148, 149, 504 of IPC, is quashed and set aside.

8.

Criminal Application is accordingly dispose of. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) vre/