Rajendra Namdeo Dhokane And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:28773-DB 1 CrWP-855-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 855 OF 2025 RAJENDRA NAMDEO DHOKNE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Ajinkya Kale, Advocate h/f Mr. Talekar and Associates for Petitioners Mr. A. S. Shinde, APP for Respondent No.1/State Mr. Rajesh Mewara, Advocate for Respondent No.2 ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 10th OCTOBER, 2025 PER COURT :

1.

This petition is filed under Section 528 of the Bharatiy Nagarik Suraksha Sanhita, seeking quashing of FIR registered at C.R. No.0428/2025 with Rahuri Police Station, District Ahilyanagar, on 18/04/2025, for offences punishable under Sections 115(2), 118(1), 119(1), 189(1), 189(2), 190, 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita against the petitioners. 2.

During pendency of present petition, petitioners and respondent No.2 informant have amicably settled the dispute and respondent No.2 has filed affidavit withdrawing all the allegations against the petitioners. He has contended that due to misunderstanding he has implicated the petitioners in present crime and later he realised that petitioners, in fact, had come to the scene of offence to intervene and pacify the fight. It is further contended SVH

2 CrWP-855-25.odt that petitioners and respondent No.2 had cordial relations and they would continue their cordial relations hereinafter. 3.

Petitioners are original accused No.3 and 4 in the present crime and allegations against them are that they have assaulted with fiber stick and wooden stick. Petitioners and second respondent are present in the Court. They are identified by their respective advocates. Taking into consideration the amicable settlement between petitioners and respondent No.2, it would be futile exercise to ask petitioners to undergo the criminal prosecution. No useful purpose would be served by asking petitioners to face the prosecution.

4.

In these peculiar facts, continuation of prosecution against petitioners would be an abuse of process of law. Criminal writ petition is, therefore, allowed. C.R. No.0428/2025 registered with Rahuri Police Station, District Ahilyanagar, to the extent of petitioners namely Rajendra Namdeo Dhokne and Akash Rajendra Dhokne is hereby quashed and set aside.

5.

Petitioners shall pay cost of Rs.5,000/- each with the High Court Dispensary Bench at Aurangabad, within a period of four weeks from today. List the matter for compliance on 21/11/2025. (VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) SVH