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Bombay High CourtAPL/259/2021allowed

Tulsidas S/O Fattu Rane v. State Of Mah. Thr. Pso Ps Tumsar And Another

2023-09-26Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Valmiki Menezes2 pages

1 919.apl.259.2021

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 259 OF 2021 Tulsidas s/o Fattu Rane ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.S. Motwani, Advocate for the applicant. Shri S.S. Das, Advocate for non-applicant no.2. Shri Ghodeswar, Addl. P.P. for the non-applicant/State. CORAM : NITIN W. SAMBRE AND VALMIKI SA MENEZES , J J.

DATED : 26/09/2023.

Heard.

2.

The prayer is for quashing of the First Information Report in Crime No.357 of 2020 registered with the Tumsar Police Station District Bhandara for the offence punishable under Sections 294, 506 read with Section 34 of the Indian Penal Code.

3.

The Applicant and Non-applicant No.2/ Complainant are the real brothers.

4.

Shri Das learned Counsel appearing for Nonapplicant no.2 submits that so as to have comfortable relations between the real brothers, Non-applicant no.2 has instructed him to make a statement that he is willing to extend consent for compounding the offence by filing appropriate proceedings to that effect before the Court of Magistrate.

2 919.apl.259.2021 5.

According to him, the aforesaid stand is taken by Non-applicant No.2/Complainant having regard to the fact that the Applicant has assured that similar instances shall not be repeated in future.

6.

Learned Counsel Shri Motwani appearing for the Applicant submits that the Applicant shall make every endeavor to maintain the cordial relations between the parties.

7.

In this background, we hereby disposed of the present application with permission to the parties to approach before the Magistrate with a prayer for compounding of offence particularly having regard to the consent extended by Non-applicant no.2. Accordingly, the criminal application stands disposed of.

8.

In case, if such proceedings are taken on by the Applicant for compounding, the same be decided expeditiously.

(VALMIKI SA MENEZES, J.) (NITIN W. SAMBRE, J . ) Trupti