Bombay High Court
Arun S/O. Gangadhar Deshpande And ... vs The State Of Maharashtra And Anr on 8 August, 2017
Bench: S.S. Shinde
1 APPLN623.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 623 OF 2017
1] Amit S/o Arun Deshpande,
Age : 22 years, Occu. Education,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
2] Gangadhar S/o Banshidarrao Deshpande,
Age : 87 years, Occu. Nil,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
3] Anjali W/o Arun Deshpande,
Age : 40 years, Occu. Household,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
4] Minakshi W/o Madhukar Deshpande,
Age : 43 years, Occu. Household,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
5] Damini D/o Madhukar Deshpande
@ Ragini W/o Subham Deshmukh,
Age : 20 years, Occu. Household,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
6] Vitthal S/o Madhukar Deshpande,
Age : 16 years, Occu. Education,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
Under Guardian natural mother
Minakshi Madhukar Deshpande.
7] Angha D/o. Arun Deshpande,
Age : 17 years, Occu. Household,
R/o. Pathri Road, Wanisangam,
Tq. Sonpeth, Dist. Parbhani.
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Under Guardian natural mother
Anjali Arun Deshpande. ... Petitioners
VERSUS
1. The State of Maharashtra,
Through the Investigating Officer
Crime No. 03/2017, registered with
Police Station, Sonpeth,
Tq. Sonpeth, Dist. Parbhani.
2. Shriram Ganpatrao Zirpe,
Age : 37 years, Occu. Wanisangam,
R/o. Sonpeth, Dist. Parbhani. ... Respondents
..........
Mr D. A. Mane, Advocate h/f Mr N. G. Talekar, Adv for the applicants
Mr S. D. Ghayal, APP for respondent/State
Mr P. K. Ipper, Advocate h/f Mr Sudarshan J. Salunke, Advocate for
respondent No. 2
.............
WITH
CRIMINAL APPLICATION NO. 4031 OF 2017
1] Arun S/o Gangadhar Deshpande,
Age : 50 years, Occu. Agril,
R/o. Wanisangam, Tq. Sonpeth,
Dist. Parbhani.
2] Madhukar S/o Gangadhar Deshpande,
Age : 48 years, Occu. Agril,
R/o. Wanisangam, Tq. Sonpeth,
Dist. Parbhani. ... Petitioners
VERSUS
1. The State of Maharashtra,
Through the Investigating Officer
Crime No. 03/2017, registered with
Police Station, Sonpeth,
Tq. Sonpeth, Dist. Parbhani.
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2. Shriram Ganpatrao Zirpe,
Age : 37 years, Occu. Wanisangam,
R/o. Sonpeth, Dist. Parbhani. ... Respondents
..........
Mr D. A. Mane, Advocate h/f Mr N. G. Talekar, Advocate for the
applicants
Mr S. D. Ghayal, APP for respondent/State
Mr P. K. Ipper, Advocate h/f Mr Sudarshan J. Salunke, Advocate for
respondent No. 2
.............
CORAM : S. S. SHINDE &
A. M. DHAVALE, JJ.
DATE : 08.08.2017.
ORAL JUDGMENT (Per S. S. SHINDE, J.) :-
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties.
2. Pursuant to the notice issued by this Court, respondent
No.2 has filed affidavit. The applicants and respondent No. 2, who are
present before the Court, stated that they have decided to settle the
dispute between them amicably and compromise terms to that effect
duly verified by them before the Registrar (Judicial) of this Court, are
placed on record. The parties are identified by their respective counsel.
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3. Learned APP for the State has made available the papers of
investigation.
4. Having interacted with the applicants and respondent
No.2, they stated that, it is their voluntary act & without coercion they
have arrived at the settlement and informant has no objection to quash
the FIR registered against the applicants.
5. We have carefully perused the allegations contained in the
FIR, the investigation papers and the compromise terms placed on
record by the parties. The alleged offences are registered under
Sections 341, 327, 324, 323, 143, 147, 148, 149 of the Indian Penal
Code and u/s 135 of the Bombay Police Act. The maximum
punishment provided for the offence u/s 327 of the IPC is 10 years
imprisonment and for offence u/s 324, three years imprisonment. The
said offences are not compoundable and, therefore, we have considered
the prayer of the parties for compromise by invoking inherent powers
under Section 482 of the Code of Criminal Procedure. The nature of
assault is personal and it does not appear to be offence against the
society. In view of the compromise, the chances of conviction are
bleak.
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6. Since the applicants and respondent No. 2 have settled the
dispute between them amicably so as to maintain peace and to have
cordial relations with each other and such settlement is arrived at
between the parties without any coercion, keeping in mind the
exposition of law by the Hon'ble Apex Court in the matters of Gian
Singh Versus State of Punjab and Another reported in (2012) 10 SCC
303 & Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 All MR (Cri) 1886 (S.C.) in order to secure the ends of justice and
to prevent the abuse of process of the Court, we are inclined to accept
the compromise terms. Hence, the following order.
ORDER
[i] Both the Criminal Applications are allowed.
[ii] First Information Report bearing C.R. No. 03/2017
registered against the applicants on 07.01.2017 with
Sonpeth Police Station, Dist Parbhani, for the offences
punishable u/s Sections 341, 327, 324, 323, 143, 147,
148, 149 of the Indian Penal Code and u/s 135 of the
Bombay Police Act, stands quashed and set aside.
7. Rule made absolute accordingly.
[ A. M. DHAVALE ] [ S. S. SHINDE ]
JUDGE JUDGE
sgp
