1 jg.apl 618.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 618 of 2017
(1) Sagar Nandkishor Dhawale,
aged about 23 years, occupation : student
(2) Lalit Ashokrao Chinche,
aged about 30 years, occupation : student
(3) Bala @ Chandrashekhar Shamrao Jambhole
aged about 33 years, occupation : labour
(4) Vinayak Shankarrao Ghurde
aged about 56 years, Occu : Agriculturist,
r/o Darapur, Tq. Daryapur,
District Amravati.
(5) Ashish Diliprao Wardhe,
aged about years, occupation : labour
(6) Sushil Digambar Sardar,
aged about 26 years, occupation : student
(1) to (3) and (5) to (6) r/o Pandhari Kholapur,
Tq. Bhatkuli, District Amravati. .... Applicants
// Versus //
Police Station Officer,
Police Station, Kholapur,
Amravati Rural, Dist. Amravati. .... Non-Applicant
Shri Vinay Dahat, Advocate for the applicants
Shri K. R. Lule, Additional Public Prosecutor for the non-applicant
CORAM : SMT. VASANTI A NAIK AND
M. G. GIRATKAR, JJ.
DATE : 20-09-2017.
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2 jg.apl 618.17.odt
JUDGMENT (Per : M. G. GIRATKAR, J.)
Rule. Rule made returnable forthwith. The criminal application is heard finally at the stage of admission with the consent of the learned counsel for the parties.
2. By the present application, the applicants prayed to quash and set aside FIR in Crime No. 144/2017 registered by the non-applicant Police Station. It is submitted that the complainant/applicant no. 5 lodged the report against the other applicants. It is submitted that the applicant no. 5 Ashish Wardhe lodged the report due to misunderstanding against other applicants. It is submitted that they have settled the matter and prayed to quash and set aside the impugned FIR registered against the applicant nos. 1 to 4 and 6 for the offences punishable under Section 324, 323 read with Section 34 of the Indian Penal Code and Section 3(1)(x)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Heard learned counsel for the applicants. He has submitted that the applicants have settled their dispute. He prayed to quash and set aside the FIR.
4. Today, all the applicants are present before the Court. We .....3/-
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3 jg.apl 618.17.odt have asked the applicant no. 5, he has stated that due to misunderstanding, he lodged the report. He prayed to quash and set aside the FIR lodged against the other applicants. All the applicants are friends. Other counter case is also compounded and therefore, prayed to quash and set aside the FIR.
5. It is clear from the submissions of the applicant no. 5 that there is no possibility of any conviction as the complainant/applicant no. 5 will not give any evidence against other applicants. In view of the law laid down by the Hon'ble Supreme Court in the cases of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303 and Narinder Singh and ors. Vs. State of Punjab and anr. (2014) 6 SCC 466, FIR is liable to be quashed and set aside.
6. Hence, we allow the criminal application in terms of prayer clauses (1) and (2). The First Information Report lodged against the applicants vide Crime No. 144/2017 in Police Station, Kholapur, Amravati Rural, District Amravati is hereby quashed and set aside.
JUDGE JUDGE
wasnik
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