Citation : 2016 Latest Caselaw 4677 Bom
Judgement Date : 12 August, 2016
apl830-15
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.830 OF 2015
Sayyad Imran Sayyad Jamir,
Aged about 31 years, Occu. Service,
R/o Vasant Nagar, Manora,
Tah.Manora, Dist. Washim. .... ... Applicant.
..Versus..
1. State of Maharashtra,
through its Police Station Officer,
Manora, Dist. Washim.
2. Mujibur Raheman s/o Gulsher Khan,
Aged about 36 years, Occu. Service,
R/o Vasant Nagar, Manora,
Tah. Manora, Dist. Washim. ... ... Respondents.
.......................................................................................................................................................
Mr. Kariya Advocate for applicant.
Mr. Thakare, APP for non-applicant no. 1.
Mr. Mandape, advocate for non-applicant no. 2.
.......................................................................................................................................................
CORAM : B.R. GAVAI AND V.M. DESHPANDE,
JJ.
DATE : 12 th
August, 2016.
JUDGMENT (Per B.R. Gavai, J.)
Rule. Rule made returnable forthwith. Heard finally by consent of
learned counsel appearing for the parties.
2. The applicant has approached this Court for quashing and setting
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aside the charge sheet 32/2014 arising out of FIR No. 20/2014, for the
offences punishable under sections 353, 332, 294, 506(B) and 427 of the
Indian Penal Code.
3. The applicant and the respondent no. 2 are teachers working in
the Daud Kasam Langha Urdu Primary School, Manora. The Respondent no. 2
is the headmaster whereas applicant no. 1 is an assistant teacher. Perusal of
FIR would reveal that a quarrel took place between them and the respondent
no. 2 in the said quarrel said to have assaulted the applicant with Nilkamal
chair.
4. The applicant as well as the respondent no.2 are present in this
court. They are identified by their respective counsels. They state that the
matter is amicably settled between the parties. It is stated that the FIR was
lodged in heat of anger. It is further submitted that an affidavit is also placed
on record by the respondent no.2.
5. In that view of the matter, as public interest is not involved in the
matter, we are inclined to allow the application.
The Criminal Applicastion is allowed. Rule is made absolute in
terms of prayer clause (i).
JUDGE JUDGE
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Hirekhan
CERTIFICATE
I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.
Uploaded by : R.B. Hirekhan. Uploaded on : 16/8/2016.
P.A.
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apl830-15
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