Rajesh S/O Gurmukhsingh Malik And ... vs State Of Maharashtra, Through ...
2016 Latest Caselaw 30 Bom

       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.)

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

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




                                    
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