Darbarsing Yuvrajsing Girase And ANR v. The State Of Maharashtra And ANR

1 Cr.Appln.6882.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6882 OF 2015 Darbarsing Yuvrajsingh Girase and Another .. Applicants

Versus

The State of Maharahstra and Another.. Respondents Shri N. L. Choudhari, Advocate for Applicants. Shri S. G. Karlekar, A. P. P. for the Respondent No. 1. Shri S. S. Survase, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 22ND DECEMBER, 2015.

PER COURT :- 1.

The present application is filed for quashing the F. I. R. No. 41 of 2015 registered with Shinkheda Police Station, Dhule for the offences punishable under Sections 323, 504, 506 read with 34 of Indian Penal Code and Section 39 of Maharashtra Money Lending Act, 2014.

2.

Mr. Choudhary, the learned counsel submits that, the parties have settled the matter. The respondent No. 2 / complainant has also filed affidavit before the Court. The respondent No. 2 / complainant is present before the Court. He is identified by his advocate. He admits the contents of the agreement filed on record which states that the complaint was filed under misunderstanding.

2 Cr.Appln.6882.15 3.

The complaint under the Maharashtra Money Lending Act, 2014, is not filed by the Assistant Registrar of the Cooperative Societies also. Considering the statement of the respondent No. 2 who is present before the Court and identified by his lawyer, so also, considering the agreement filed by him before the Court the present application is allowed. The F. I. R. bearing Crime No. 41 of 2015, registered at Shinkheda Police Station for the offences punishable under Sections 323, 504, 506 read with 34 of Indian Penal Code and Section 39 of Maharashtra Money Lending Act, 2014, is quashed and set aside.

4.

Criminal application is accordingly disposed of. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] sam/Dec. 15