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Bombay High CourtAPL/1651/2024allowed

Ziaullah Khana Son Of Jailani Khan And 5 Other v. The State Of Maharashtra P.S.O. Nandura Dist. Buldhana And Another

2024-11-12Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:12421-DB 1 12-apl 1651.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 1651 OF 2024 ( Ziyaullah Khan s/o Jilani Khan and others vs. The State of Maharashtra and another ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Rahul Tajne, Advocate for applicants.

Mr. M.K.Pathan, APP for non-applicant No.1.

Mr. P.W.Mirza, Advocate for non-applicant No.2. CORAM : VINAY JOSHI AND ABHAY J. MANTRI , JJ.

ATE : NOVEMBER 12 , 2024 1) Heard learned Counsel for the parties.

2) This is an application seeking to quash Criminal Prosecution bearing R.C.C.No.104/2016 arising out of Crime No.0289/2016 registered with Police Station Nandura, District Buldana for the offence punishable under Sections 143, 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, on account of settlement.

3) The informant has lodged report regarding the alleged occurrence of assault in which he sustained injury. It is brought to our notice that counter case was filed by rival which was settled today. The parties are related to each other and to maintain harmony they have settled the dispute. 4) The informant is present before us, who has filed reply stating about settlement and has no objection to quash the proceedings. Since the matter has been settled, we are inclined to exercise our inherent jurisdiction. The learned Counsel for the

2 12-apl 1651.2024.odt applicant would submit that the applicant would deposit sum of Rs.20,000/- (Rupees Twenty Thousand) towards costs. 5) In view of above, the application is allowed. We hereby quashed and set aside the Criminal Prosecution bearing R.C.C.No.104/2016 arising out of Crime No.0289/2016 registered with Police Station Nandura, District Buldana for the offence punishable under Sections 143, 147, 148, 149, 324, 504 and 506 of the Indian Penal Code.

6) The applicant shall deposit sum of Rs.10,000/- (Rupees Ten Thousand) towards costs in the Library of Government Pleader Office at Nagpur within two weeks from today.

7) Stand over to 27/11/2024 for noting compliance. ( ABHAY J. MANTRI, J. ) ( VINAY JOSHI, J. ) KOLHE