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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 830 OF 2017
1] Ganesh Satyanarayan Ahir,
Aged about 31 years, Occ. Labour,
R/o. Azad Ward, Chimur,
Distt. Chandrapur.
2] Vicky Ramesh Ahir,
aged Major, Occ.,
3] Ravi Bhagwandas Bhutada,
Aged Major, Occ,
4] Rama Radheshyam Ahir,
Aged Major, Occ.
5] Shyama Chanmal Ahir,
Aged Major, Occ.
6] Ganesh Rajendra Verma
Aged Major, Occ.
7] Govinda Surajmal Ahir,
Aged Major, Occ.
8] Sonu Ramesh Ahir,
Aged Major, Occ.
9] Sagar Ramesh Ahir,
Aged Major, Occ.
10] Sayyed Raheel Sayyed Rahim,
Aged 19 years, Occ. Education.
11] Shaikh Mohin Shaikh Kalim,
Aged Major, Occ. Education.
12] Sayyed Rafeeque Sayyed Yusuf,
Aged Major, Occ. Education.
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13] Shaikh Nadeem Shaikh Kausar,
Aged Major, Occ. Education.
14] Shaikh Sultan Shaikh Yusuf,
Aged Major, Occ.Education.
15] Shaikh Salman Sheikh Yunus,
Aged Major, Occ.Education.
16] Sayyed Saheel
Aged Major, Occ.Education
17] Shaikh Mohsin Shaikh Maksood,
Aged 18 years, Occ.Education.
18] Dinesh Rademal Ahir,
Aged about 51 years, Occ. Business,
All the above are R/o. Malegaon,
Tq. Malegaon, Distt. Washim....... APPLICANTS
...VERSUS...
State of Maharashtra,
through Police Station Officer,
Police Station, Malegaon,
District : Washim. ....... RESPONDENT
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Shri Sangram Sirpurkar, Advocate for applicants
Shri V.P.Gangane, APP for Respondent - State
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 14 DECEMBER, 2017 .
JUDGMENT (P.C.)
Admit.
Learned APP waives service of notice for ::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:31:29 ::: 3 apl830.17.odt respondent.
Heard finally by consent of the learned counsels appearing for the parties.
2] This is the joint application made by all the accused persons in Crime Nos. 160 of 2017 and 161 of 2017 registered against them on 07.05.2017 in the Police Station Malegaon, District Washim.
3] Notice was issued in this matter to the Respondent - State Government on 07.12.2017 and the reply is filed to oppose the claim for quashing of the first information reports in question.
4] We have heard the learned counsels appearing for the parties. Shri Sirpurkar, the learned counsel appearing for all the applicants submits that they are all personally present before this Court. Applicant Nos. 10 to 17 are the accused in Crime No. 160 of 2017 in respect of offences punishable under Sections 307, 452, 336, 143, 147, 148 and 149 of Indian Penal Code registered on 07.05.2017 on the complaint of one Dinesh Rodemal Ahir, who is the applicant No.18 herein. In Crime No. 161 of 2017 offences are ::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:31:29 ::: 4 apl830.17.odt registered under Sections 323, 352, 143, 147, 148 and 149 of Indian Penal Code read with Sections 4 and 25 of the Arms Act against the applicant Nos. 1 to 9 and 18 on 09.05.2017 and the complainant is the applicant No. 17. 5] All the applicants who are accused in the concerned crime submit that they do not want to proceed further against each other in respect of offences registered at their instance and have prayed for quashing of the first information report Nos. 160 of 2017 and 161 of 2017. The reliance is placed upon the decision of the Apex Court in case of Narinder Singh and others vrs. State of Punjab and another reported in (2014) 6 SCC 466, to urge that with the consent of the parties, such a prayer is permissible. 6] It cannot be disputed that in terms of the decision of the Apex Court in Narinder Singh's case, cited supra, the F.I.Rs can be quashed by consent of the parties, as no fruitful purpose will be served to continue with their prosecution. The witnesses coming forward are not likely to support the theory of the prosecution. In such event, it will be difficult to prove the charge against the accused persons. ::: Uploaded on - 18/12/2017 ::: Downloaded on - 19/12/2017 01:31:29 :::
5 apl830.17.odt Hence, taking into consideration the law laid down by the Apex Court in the decision cited supra, this application will have to be allowed.
6] In the result, the application is allowed. The F.I.R.Nos. 160 of 2017 and 161 of 2017 registered against the applicants at Police Station, Malegaon, on 07.05.2017 are hereby quashed and set aside.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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