Mohit Rajkumar Jaiswal And 2 Others v. State Of Mah., Thr. Pso Ps Ramdaspeth Dist Akola

1 915.apl1025.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH NAGPUR CRIMINAL APPLICATION (APL) NO.1025/2019 Mohit Rajkumar Jaiswal & Oth.

..VS..

The State of Maharashtra thru P.S.O., P.S. Ramdaspeth, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. V. Gahilot, Advocate for the applicants Shri S. P. Deshpande, A.P.P. for the non-applicant CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : 27 th September 2019 Leave to amend the prayer clause is granted.

Amendment be carried out forthwith.

Heard.

This is a joint application by the informant and the accused, praying that the First Information Report No. 34/2019 registered with the Police Station Ramdaspeth, Distt. Akola, on the report of applicant No.3 against the applicant Nos. 1 and 2 be quashed. The FIR is registered for offence punishable under Sections 326, 294, 506 R/w. Section 34 of the Indian Penal Code. 4] The applicant Nos.1 & 2/accused are present before this Court. The informant and the accused, on affidavit have stated that they have settled their dispute out of Court and the informant does not want to proceed further against the applicant Nos. 1 and 2. They have

2 915.apl1025.2019 stated that out of pity issue of payment towards purchase of liquor, the quarrel occurred between them and out of misconception of facts, the report came to be lodged. 5] Considering the nature of accusations, injuries and the weapon used and in order to maintain cordial relations between the persons residing in the same locality, we find that the application needs to be allowed . For this, we take support from the judgment of Hon'ble Apex Court in the case of Narinder Singh and Others .v/s. State of Punjab and Anr. reported in (2014) 6 SCC 466. In this view of the matter, we do not see any reason to reject this application.

The application is allowed accordingly.

F.I.R. No.34/2019 registered with Police Station Ramdaspeth, Distt. Akola, for the offence punishable under Sections 326, 294, 506 R/w. Section 34 of the Indian Penal Code is quashed The applicant Nos. 1 and 2 have already deposited Rs. Twenty Thousand with the High Court Legal Services Sub-Committee, Nagpur. It be transmitted to the State'

s Victim Compensation Fund.

(PUSHPA V. GANEDIWALA, J.) (Z.A. HAQ, J.) Namrata