Mukunda S/O Gitaram Jivtode And ... vs State Of Maharashtra, Through ...
2016 Latest Caselaw 601 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   NAGPUR BENCH, NAGPUR




                                                    
                CRIMINAL APPLICATION (APL) NO.119 OF 2016




                                           
                             
          1. Mukunda s/o. Gitaram Jivtode,
              Aged about 55 years, Occ.
              Operator, W.C.L., r/o. Sasti,
                            
              Rajura, Chandrapur.

          2. Ramchandra s/o. Maroti Chincholkar,
              Aged about 46 years, Occ. General
      

              Mazdoor, W.C.L., r/o. Pauni, 
              Rajura, Chandrapur.         ..........         APPLICANTS
   



                  // VERSUS //





          State of Maharashtra,
          Through its Police Station Officer,
          Police Station, Rajura, 
          Chandrapur.                          ...........     RESPONDENT





          -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                   Mr.R.R.Vyas,  Adv. for the Applicants.
                Mr.V.A.Thakare, A.P.P. for respondent/State.
           -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-




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                                             CORAM     :  B.R.GAVAI &
                                                                  A.S.CHANDURKAR, JJ.

                                         DATE         :  14.3.2016.
           

          ORAL JUDGMENT (Per B.R.Gavai, J)     :




                                                           

1. Rule. Rule made returnable forthwith. Heard by

consent.

2. By the present Criminal Application, the applicants

have jointly prayed for quashing and setting aside Regular

Criminal Case No.23 of 2015 pending against them before

the Judicial Magistrate, First Class, Rajura.

3. Both the applicants are working with the Western

Coal Fields Ltd. It appears that applicant no.1 is superior to

applicant no.2. When they were discharging their duties on

10.9.2014, it appears that, there was some altercation

between the applicants and in the heat of anger that

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generated in a spur of moment, applicant no.1 assaulted

applicant no.2.

4. Perusal of the medical report would reveal that the

injury is of simple nature i.e. swelling. There is no internal

injury.

5. The Apex Court in the case of Madan Mohan

Abbot .vs. State of Punjab reported in (2008) 4 SCC 582

has held that when the parties have amicably settled the

dispute between them and there is no element of public law

involved in the matter, this Court can exercise powers

under Section 482 of the Code of Criminal Procedure to

give an end to the criminal proceedings.

6. In the present case, there is no element of public law

involved. It appears that, in a dispute that arose between

the applicants in a heat of passion, applicant no.1 has

assaulted applicant no.2 with an iron rod.

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7. In that view of the matter, this is a fit case for exercise

of powers under Section 482 of the Code of Criminal

Procedure and to give an end to the criminal proceedings.

Rule is, therefore, made absolute in terms of prayer

clause (ii) of the present Criminal Application.

                              ig   JUDGE                        JUDGE
                            
           jaiswal