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Bombay High CourtAPL/633/2021rejected

Paras S/O Gopal Batho And 2 Others v. The State Of Maharashtra, Thr. Pso Ps Ambazari, Nagpur, Dist. Nagpur

2021-07-14Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

apl633.21 9

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.633/2021 Paras s/o Gopal Batho and ors ..vs..

State of Mah., thr. PS Ambazari, District Nagpur ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri K.C.Deogade, Counsel for applicants Mrs.M.A.Barabde, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE & AMIT B.BORKAR , JJ.

DATED : JULY 14 , 2021 .

1.

Hearing was conducted through video conferencing and learned counsel agreed that audio and visual quality was proper.

2.

Heard.

3.

This is an application filed by first informant and accused for quashing of First Information Report No.391/2021 registered with Panchpaoli Police Station, District Nagpur for offences punishable under Sections 294, 427, 448, and 506 read with Section 34 of the Indian Penal Code.

4.

According to the application, which is filed on affidavit, all accused as well as complainant, after registration of offences, have mutually settled their dispute and, therefore, this application is filed.

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apl633.21 9 5.

On 9.7.2021, this application was listed before this Court. After reading of the First Information Report, on the said day the Court directed learned Additional Public Prosecutor Mrs.M.A.Barabde for the State to take instructions from prosecuting agency about antecedents of applicants and the matter was adjourned to today. Today, when this application is listed, learned Additional Public Prosecutor hands over a crime chart of all applicants i.e. accused as well as complainant. Various offences are registered against each of them. The crime chart is taken on record and marked as Exhibit-X for purposes of identification. We have also perused contents of the First Information Report and looking to fact that all applicants are having criminal background and more than five offences are registered against each of them, we are of view that this is not a case wherein this Court should exercise its discretion under Section 482 of the Code of Criminal Procedure for approving the compromise that took place as stated by applicants out of the Court.

6.

In this view of the matter, the criminal application is rejected and disposed of accordingly. JUDGE JUDGE !! BRW !!

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