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Bombay High CourtAPL/1602/2024allowed

Hrushikesh Kiran Hinge v. The State Of Maharashtra Thr. Pso Ps Yashodhara Nagar, Dist. Nagpur And Others

2024-10-23Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Abhay J. Mantri3 pages

1 apl1602.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1602 OF 2024 ( Hrushikesh Kiran Hinge ..vs.. State of Maharashtra, through PSO, PS Yashodhara Nagar, Nagpur and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Swagat Muppawar, Counsel h/f. Mr. M.P. Ladhe, Counsel for the applicant, Ms. M.S. Deshmukh, Addl.P.P. for non-applicant No.1, Ms. Kritika M. Shekhar, Counsel for non-applicant Nos.2 and 3. CORAM : VINAY JOSHI & ABHAY J. MANTRI, JJ.

DATE : 23-10-2024 Heard.

2.

This is an application seeking to quash First Information Report in Crime No.611/2024 registered with Yashodhara Nagar Police Station, Nagpur City for offence punishable under Sections 115(2), 118(1), 3(5), 324(4) and 351(2) of the Indian Penal Code, 2023, on account of settlement.

3.

At the instance of report lodged by Pawan, crime has been registered. At relevant time, informant Pawan and injured Pappu were working as labours in the private company where the applicant was serving as a Supervisor. On the date of occurrence, there was quarrel in between the parties which was pacified. After some time, the informant Pawan and injured Pappu were proceeding by riding motorcycle. Applicant accosted and caused injury at the face

2 apl1602.24 of Pappu by means of knife so also the applicant caused damage to the headlight of the motorcycle, therefore, the report is lodged.

4.

At relevant time, all were working in the same private limited company. With the aid and intervention of the superiors, the matter has been amicably settled. Injured Pappu stated that applicant has born entire medical expenses. Informant and injured are present before us who have filed their reply stating about settlement and their no objection to quash the proceedings. Injured Pappu stated that the injury was minor from which he recovered within three-four days. Both have stated that as they are co-employees and to maintain cordial relations, they do not wish to go on with the prosecution.

5.

It reveals that the allegation is of causing simple hurt by means of knife or the assault was not severe as within three-four days injured recovered. The matter has been amicably settled. Hence, there is no purpose in continuing the prosecution. The applicant has expressed willingness to deposit costs of Rs.10,000/- (Rupees Ten Thousand). 6.

In view of above, the application is allowed. We hereby quash and set aside the First Information Report in Crime No.611/2024 registered with Yashodhara Nagar Police Station, Nagpur City for offence punishable under Sections 115(2), 118(1), 3(5), 324(4) and 351(2) of the Indian Penal Code, 2023.

3 apl1602.24 The applicant shall deposit costs of Rs.10,000/- with Government Pleader Library, High Court, Nagpur within one week.

7.

Stand over to 11-11-2024 for noting compliance. (ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) adgokar