Vidya Vilas Jaiswal v. Malu Nandkishor Lasurkar

2024:BHC-NAG:9891-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1151/2024 1.

Vidya Vilas Jaiswal, Age 62 yrs., Occ. Housewife, R/o. Bhootbangla Area, Shegaon, Tah. Shegaon, Dist. Buldhana.

Mob. No. 7738579912.

2.

Vilas Babulal Jaiswal, age 72 yrs., Occ. Nil, R/o. Bhootbangla Area, Shegaon, Tah. Shegaon, Dist. Buldhana.

Mob. No. 7738579912.

... APPLICANTS

VERSUS

1.

Malu Nandkishor Lasurkar, Age 40 yrs., Occ. Housewife, R/o. Bhootbangla Area, Shegaon, Tah. Shegaon, Dist. Buldhana.

2.

State of Maharashtra, through its P.S.O., Police Station, Tah. Shegaon, Dist. Buldhana.

... NON-APPLICANTS --------------------------------- Mr. N.B. Bargat, Advocate with Mr. S. Gurpude, Advocate for applicants.

Mr. P.S. Thakur, Advocate for non-applicant No.1. Mr. S.S. Doifode, APP for non-applicant No.2 ----------------------------------

CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 28.08.2024.

ORAL JUDGMENT (PER: VINAY JOSHI, J.) :

Heard.

2.

Admit.

3.

This is an application seeking to quash charge-sheet arising out of crime No. 575/2023 registered with Police Station Shegaon, Tah. Shegaon, Dist. Buldhana for the offence punishable under Sections 323, 324, 504, 506 read with Section 34 of the Indian Penal Code on account of settlement.

4.

It is a dispute between two neighbours at the instance compound wall. The parties have amicably settled the dispute out of the Court. The settlement deed dated 12.08.2024 has been executed between the parties. All of them decided to withdraw rival cases to maintain peace and harmony. The nephew of informant Ravindra Lasurkar is present who has been authorized by the informant to settle

the matter. He has filed affidavit of his mother stating about settlement and gave no objection to quash and set aside the proceeding. He has also filed a copy of authorization letter given by informant in his name.

5.

We have gone through the nature of injuries which are quiet simple. The alleged offence cannot be termed as heinous or antisocial. Since the matter is settled, continuation of prosecution amounts to abuse of the process of the Court. 6.

In view of above, application is allowed. We hereby quash and set aside charge-sheet arising out of crime No. 575/2023 registered with Police Station Shegaon, Tah. Shegaon, Dist. Buldhana for the offence punishable under Sections 323, 324, 504, 506 read with Section 34 of the Indian Penal Code on account of settlement 7.

Application stands dispose of in above terms. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Gohane