Sameer Jalindar Bodke And ANR v. Kiran Dilip Khandagale And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6214 OF 2024 1.
Sameer Jalindar Bodke Age : 29 Years, Occupation : Nil, Residing at : Near Chondai Temple, Gahunje, Kivale, Pune.
by SATISH RAMCHANDRA SANGAR Date:
2025.02.14 12:23:26 +0530 2.
Aatish Vijay Kamble Age : 23 Years, Occupation : Nil, Residing at : Near Water Tank, Gahunje, Pune.
SATISH RAMCHANDRA SANGAR 3.
Nitin Dharmaji Bodke Age : 29 Years, Occupation : Nil, Residing at : Near Sahara Stadium, Gahunje, Pune.
...Petitioners
Versus
1.
Kiran Dilip Khandagale Age : 30 Years, Occupation : Nil, Residing at : Gahunje Gavthan, Pune.
2.
The State of Maharashtra (Through the Talegaon Dabhade Police Station, Pune).
...Respondents
***** Mr.Sumant R. Deshpande - Advocate for Petitioners. Mr.Kunal Shinde - Advocate for Respondent No.1. Smt.M.H.Mhatre - APP for Respondent No.2 - State. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.
DATE : 10th FEBRUARY 2025 P.C. :
1.
This is a Petition for quashing of the FIR registered vide C.R. No.139 of 2022 at Talegaon Dabhade Police Station, Pune on 2nd April 2022 under Sections 506, 504, 34, 324, 323 and 108 of the Indian Penal Code, 1860 ("IPC"). During pendency of this Petition, the charge-sheet is filed. A copy of the charge-sheet is tendered by learned counsel for the Petitioners before the Court. It is taken on record and marked "X" for identification.
2.
The FIR is lodged by the Respondent No.1. It is stated that on 1st April 2022, he was going on a two-wheeler at about 8.50 p.m. At that time, the Petitioner Nos.1 and 2 came from behind on their own two-wheeler. They assaulted him with wooden stick and flower-pot which was kept on the street. After that, they went away. The allegations are that the first two Petitioners had committed this offence at the instance of the third Petitioner.
3.
The charge-sheet contains the medical certificate which shows that the informant had suffered blunt trauma over both shoulders and chest and there was abrasion over the scapular region. There are statements of the informant's sisterin-law, wife and uncle.
4.
The matter is now settled between the parties. The informant has filed his Affidavit. He has stated, that the allegations are personal in nature and he wanted to forgive the accused. He has stated that he had realised that the FIR was lodged because of misunderstanding. He has given his clear consent for quashing of the FIR.
5.
The informant is present in Court. He is identified by his learned counsel. He reiterated the contents of the Affidavit and stated before the Court, that he has "No objection" if the proceedings are quashed.
6.
Considering that the dispute between the parties was personal in nature and since all of them have decided to stay together peacefully in the same village, no purpose will be served in continuing with the proceedings. Hence, the Petition can be allowed. Hence, following order:-
O R D E R
(i) The C.R.No.139 of 2022 registered with Talegaon Dabhade Police Station, Pune is quashed and set aside.
(iii) The Petition stands disposed of.
(S.M.MODAK, J.) (SARANG V. KOTWAL, J.)