Ravindra Ashok Lasurkar v. Vilas Babulal Jaiswal

2024:BHC-NAG:9890-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1153/2024 1.

Ravindra Ashok Lasurkar, Age 36 yrs., Occ. Business, R/o. Bhootbangla Area, Shegaon, Tah. Shegaon, Dist. Buldhana.

... APPLICANT

VERSUS

1.

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

Mob. No. 7738579912.

2.

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

... NON-APPLICANTS --------------------------------- Mr. Y.S. Nikam, Advocate with Mr. P. Thakur, Advocate for applicants.

Mr. N.B. Bargat, 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. 80/2022 registered with Police Station Shegaon City, Tah. Shegaon, Dist. Buldhana for the offence punishable under Sections 324, 336, 427, 504, 506 of the Indian Penal Code on account of settlement.

4.

It is a dispute between the 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 son of informant Nileshkumar Vilas Jaiswal is present who has been authorized by the informant to settle the matter. He has filed affidavit of his father stating about settlement and gave no objection to quash and set aside the proceeding.

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. 80/2022 registered with Police Station Shegaon City, Tah. Shegaon, Dist. Buldhana for the offence punishable under Sections 324, 336, 427, 504, 506 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