Ramkrushna S/O Ramchandra Chaudhari And 4 Others v. State Ofmah. Thr. Pso Washim (Rural) Tq. And Dist.Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.1241 OF 2021 1.Ramkrushna s/o Ramchandra Chaudhari Aged about 46 years, Occ- Agrl, 2.Keshao s/o Ramchandra Chaudhari Aged about 55 years, Occ: Agrl, 3.Dagdu s/o Vitthal Chaudhari Aged about 48 years, Occ: Agrl.

4.Suresh s/o Mahadeo Chaudhari Aged about 43 years, Occ: Agrl.

Applicant Nos.1 to 4 R/o Pardi Takmore, Tq. Dist. Washim.

5.Dr. Gopal s/o Haribhau Jangle Aged about 28 years, Occ: Doctor R/o Dedicated Hospital, Washim Tq. Distt. Washim.

Mob.9850183859.

.....APPLICANTS ...V E R S U S...

State of Maharashtra, Through Police Station Officer, Washim (Rural), Tq. Distt. Washim ...NON-APPLICANT ------------------------------------------------------------------------------------------- Shri Raju Kadu, Advocate for applicants.

Shri M.J. Khan, APP for non-applicant/State.

------------------------------------------------------------------------------------------- CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ .

DATE :- 22 nd NOVEMBER, ORAL JUDGMENT (PER : M.S. SONAK , J.) Heard Shri Raju Kadu, learned counsel for the applicants and Shri M.J. Khan, learned Additional Public Prosecutor for non-applicant/State.

2.

Admit.

3.

This is a joint application made by the accused persons as well as complainant seeking quashing of FIR No.153 of 2021 dated 12.05.2021 registered with Police Station, Washim (Rural) and consequent Charge-sheet No.66 of 2021 filed before the learned Judicial Magistrate First Class, Washim in S.C.C. No.1039 of 2021 for the offence punishable under Sections 352, 294, 506, 188, 269, 270 read with Section 34 of the Indian Penal Code and under Section 3 of the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 and under Section 3 of the Epidemic Diseases Act, 1897.

4.

The complainant has stated that he no longer wishes to pursue the matter and will have no objection if the F.I.R. is quashed.

5.

Having regard to the offence alleged and the decision of the Narinder Singh and others Vs. State of Punjab and another reported in (2014) 6 SCC 466, we see no difficulty in accepting joint request made on behalf of the complainant as well as the accused persons in this case.

6.

Accordingly, the impugned F.I.R. as well as chargesheet as aforesaid are hereby quashed. 7.

This quashing will be subject to applicant nos.1 to 4 paying an amount of Rs.15,000/- to the account of High Court Legal Services Sub-Committee, Nagpur, within a period of two weeks from today. If this amount is not paid, then, this application deemed to have been dismissed without any further reference to the Court.

8.

The application stands disposed of.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Wagh RAOSAHEB WAGH 10:28