Saifali Mujawar And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1712 OF 2024 Saifali Mujawar and another .....Applicants

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Irfan Unwala, Advocate for the Applicants. Smt. M.M. Deshmukh, APP for the Respondent No.1-State. Ms. Shaheen S. Kapadia, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 05th FEBRUARY, 2025 P.C. :

1.

This is an Application for quashing of the FIR registered vide C.R. No.471/2024 dated 21.10.2024 at Vijapur Naka police station, Solapur under Sections 352, 351(2), 3(5), 118(1), 115(2) of the the Bharatiya Nyaya Sanhita, 2023. 2.

Heard Mr. Irfan Unwala, learned counsel for the Applicants, Smt. M.M. Deshmukh, learned APP for the Respondent No.1-State and Ms. Shaheen S. Kapadia, learned Deshmane(PS)

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counsel for the Respondent No.2.

3.

The FIR is lodged by the Respondent No.2. He has stated that the Applicant No.1 was a distributor of sunmica sheets. The informant took some sheets from the Applicant No.1's shop. There were certain dues to the tune of Rs.3832/- which the informant had to pay to the Applicant No.1. At about 3.00 p.m. on 20.10.2024, the Applicant No.1 came to the informant's shop. There was a fight between them. The Applicant No.2 was father of the Applicant No.1. He also came there and he also started fighting. The Applicant No.1 gave a blow with a plywood block on the forehead of the informant. On this basis, the FIR is lodged.

4.

The parties have settled the dispute. The informant has filed his affidavit giving specific consent for quashing of the FIR. He is present in the Court. He is identified by his learned counsel. He has stated before the Court that he had not suffered any serious injury. He had suffered only a minor injury. He has no grievance against the Applicants.

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5.

The incident appears to be a minor incident. No serious injury or damage is caused. Its strictly personal between the parties. Therefore, the proceedings can be quashed.

6.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.471/2024 registered at Vijapur Naka police station, Solapur and the consequent proceedings arising therefrom, are quashed and set aside.

ii.

The Application is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.02.11 13:13:25 +0530 Deshmane (PS)