apl131.16 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
CRIMINAL APPLICATION (APL) NO. 131 OF 2016
1. Rajesh s/o Gurmukhsingh Malik
aged about 42 years, occupation
Business, r/o Bank Colony,
Jaripatka, Nagpur 440 014.
2. Shri Hukumchand P. Ahuja,
aged about 67 years,
occupation - Retired, r/o
Jaripatka, Nagpur 440 014. ... APPLICANTS
ig Versus
1. State of Maharashtra,
through Police Station,
Jaripatka, Nagpur.
2. Shri Ishkumar s/o Govind Singh
Malik, aged about 41 years,
occupation - Business, having
its place of business at That Bhat,
Main Road, Jaripatka, Nagpur.
3. Shri Govind Singh s/o Malikchand
Malik, aged about 60 years,
occupation - Business, r/o
Jaripatka, Nagpur. ... RESPONDENTS
Shri A.S. Moon, Advocate for the petitioners.
Shri R.S. Nayak, APP for respondent No. 1.
Shri M. Anilkumar, Advocate for respondent Nos. 2 & 3.
.....
CORAM : B.P. DHARMADHIKARI &
V.M. DESHPANDE, JJ.
FEBRUARY 24, 2016.
ORAL JUDGMENT : (PER V.M. DESHPANDE, J.) ::: Uploaded on - 26/02/2016 ::: Downloaded on - 31/07/2016 06:30:01 ::: apl131.16 2 Rule. Rule is made returnable forthwith and heard finally with the consent of parties.
2. By the present application, the applicants, who are accused in Crime No. 3083 of 2016, on the basis of a complaint lodged on behalf of Respondent No. 2 submit that the parties have settled their dispute amicably and, therefore, pray for quashing of F.I.R. They also submit that FIR No. 3085 of 2016 is filed by applicant No. 1 against present respondent Nos. 2 & 3.
3. Both the applicants as well as respondent Nos. 2 & 3 are present in the Court. The applicants are identified by Shri Arvind Moon, learned counsel whereas respondent Nos. 2 & 3 are identified by Shri M. Anilkumar, learned counsel.
4. Looking to the nature of accusation made against each other and looking to the fact that the parties have amicably settled their dispute, this Court is of the view that it is a fit case where this Court should exercise its discretion.
5. Accordingly, Criminal Application is allowed. FIR in Crime No. 3083 of 2016 registered with the Jaripatka Police Station, Nagpur, under Sections 294, 323, 504 and 506(B) of the ::: Uploaded on - 26/02/2016 ::: Downloaded on - 31/07/2016 06:30:01 ::: apl131.16 3 I.P.C. as also FIR in Crime No. 3085/2016 registered with Jaripatka Police Station, Nagpur under Sections 294, 323, 504 and 506(B) of the I.P.C. are hereby quashed and set aside. Rule is made absolute in above terms.
JUDGE JUDGE
******
*GS.
::: Uploaded on - 26/02/2016 ::: Downloaded on - 31/07/2016 06:30:01 :::