Madhuri Shivdas Gawande v. The State Of Maharashtra, Thr. Pso, Ps, Akot, Tq. Akot, Dist. Akola And ANR.

2025:BHC-NAG:5842-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.756/2025 Madhuri W/o Shivdas Gawande, aged about 40 Yrs., Occu. Housewife, R/o Gajanan Nagar, Telhara, Tah. Telhara, Distt. Akola.

... Applicant - Versus - 1.

State of Maharashtra, through its Police Station Officer, Police Station, Telhara, Tah. Telhara, Distt. Akola.

2.

Gaurav S/o Manohar Yadgire, aged about 33 Yrs., Occu. Agriculturist, R/o Tudgaon, Tah. Telhara, Distt. Akola.

... Non-applicants ----------------- Mr. J.M. Gandhi, Advocate with Mr. U.V. Chakravarty, Advocate for the applicant.

Mr. S.S. Hulke, A.P.P. for non-applicant No.1/State. Mr. A.M. Tirukh, Advocate for non-applicant No.2. ---------------- CORAM: ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ. DATED : 19.6.2025.

JUDGMENT (Per Anil S. Kilor, J.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

2.

By the present application, the applicant is praying for quashing and setting aside the Charge-sheet No.69/2019 dated 8.7.2019 arising out of F.I.R. No.0056/2018 dated 23.2.2019 registered with Police Station Telhara, Distt. Akola for the offence punishable under Sections 279, 323, 504 and 506 of the Indian Penal Code.

3.

The learned Advocate for the applicant and the learned Advocate for the non-applicant No.2 jointly made a statement that the parties have amicably settled the matter and the non-applicant No.2 does not want to prosecute the applicant. Accordingly, an affidavit to that effect has been placed on record sworn by the non-applicant No.2. The same is taken on record. The non-applicant No.2 in the affidavit stated that the applicant and he belong to same caste and they are distant relatives of each other. They want to lead a peaceful life and do not want to indulge in court cases and further they decided to bury the dispute and, therefore, they have settled the matter. The

complainant is present in the Court and he has been identified by his Advocate and on interaction, he admits the fact of settlement and further he expressed a desire not to prosecute the applicant. 4.

In the aforesaid backdrop, considering the fact that the complainant himself do not want to prosecute the applicant as he has stated so in his affidavit, even if the trial is conducted, in the circumstances, it would lead in the acquittal of the applicant and no fruitful purpose would be served. In other words, in that eventuality, the whole exercise will be proved as futile. In the circumstances, we are of the opinion that in the light of the judgment in case of Gian Singh V/s State of Panjab and another reported in 2012 (10 SCC 303 the application needs to be allowed.

5.

Since the parties have set the law in motion and after lapse of long time they arrived at a settlement, therefore, as requested by the learned A.P.P., in this situation, this Court may impose certain costs. We find substance in such request. We

direct the applicant to deposit costs of Rs.11,000/- in the account of Uccha Nyayalay Chaturth Shreni Karmachari Sangh, Nagpur as a condition precedent.

6.

Accordingly, the application is allowed in terms of prayer clause (i) which reads as follows:- "(i) quash and set aside the charge-sheet No.69/2019 dated 08.07.2019 for the offence under Sections 279, 323, 504, 506 of Indian Penal Code, 1860 arising out of First Information Report No.56/2019 dated 23.02.2019 registered by the respondent No.1-Police Station, Telhara, Tah. Telhara, District-Akola (Annex.A) as well as the Regular Criminal Case No.115/2019 (State V/s. Madhuri) pending before the learned Judicial Magistrate First Class, Telhara, Tah. Telhara, District Akola which has been registered against the applicant pursuant to the filing of chargesheet No.69/2019, in the interest of justice." (MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) Tambaskar.