Bombay High Court
Dadasaheb S/O. Ramesh Borde vs The State Of Maharashtra And Anr on 3 July, 2017
Bench: R.M. Borde
1 APPLN3184.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 3184 OF 2017
Dadasaheb S/o. Ramesh Borde,
Age : 32 years, Occu. Driver &
Private Work of Milk Dairy,
R/o. Malwadgaon, Tq. Shrirampur,
Dist. Ahmednagar. Applicant...
Versus
1. The State of Maharashtra
Through Investigating Officer,
Shrirampur Police Station,
Tq. Shrirampur, Dist. Ahmednagar.
2. Subhash S/o. Maruti Jagtap,
Age : 37 years, Occu. Agri.,
R/o. Takalibhan, Tq. Shrirampur,
Dist. Ahmednagar. Respondents...
..........
Mr N. B. Narwade, Advocate for the applicant
Mr V. M. Kagne, APP for respondent/State
Mr V. B. Anjanwatikar, Advocate for respondent No. 2
.............
CORAM : R. M. BORDE &
A. M. DHAVALE, JJ.
DATE : 3RD JULY, 2017.
ORAL JUDGMENT (Per R. M. Borde, J.) :-
. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties and taken up for final disposal at admission
stage.
2 APPLN3184.2017
2. By this application, the applicant seeks quashment of the
proceedings initiated against him at the instance of respondent No. 2
in pursuance to lodging of First Information Report No. I-59/2017
registered with Shrirampur Taluka Police Station, Dist. Ahmednagar,
for the offences punishable u/s 326, 323, 504, 506 of the Indian
Penal Code.
3. It appears that, respondent No. 2 sustained one fracture
injury on account of assault launched by the petitioner. It is
informed that, the parties i.e. petitioner and respondent No. 2 have
decided to settle the differences between them and affidavit to that
effect signed by both the parties has been presented. Same is taken
on record and marked as "X" for the purpose of identification. Both
the parties i.e. the complainant and the accused have been identified
by their respective advocates. Respondent No. 2 has admitted to have
received the compensation of Rs. 50,000/- from the petitioner. The
petitioner has also agreed to deposit Rs. 25,000/- voluntarily with the
High Court Legal Aid Services Authority at Aurangabad. The amount
be deposited as undertaken forthwith.
4. Considering the facts and circumstances of the case and the
decision of the parties to settle their differences with a view to
3 APPLN3184.2017
maintain harmonious relations in future and in view of the
parameters laid down by the Hon'ble Supreme Court in the matter of
Narinder Singh And Others Versus State of Punjab And Another
reported in (2014) 6 SCC 466, according to us, this is a fit case for
directing the quashment of the criminal proceedings. For the reasons
recorded above, the criminal proceedings in the shape of Crime No. I-
59/2017 registered with Shrirampur Taluka Police Station, Dist.
Ahmednagar, for the offences punishable u/s 326, 323, 504, 506 of
the Indian Penal Code, stand quashed.
5. Rule made absolute accordingly.
[ A. M. DHAVALE ] [ R. M. BORDE ]
JUDGE JUDGE
sgp
