Bombay High Court
Anita Vijay Ware And Others vs The State Of Maharashtra on 9 March, 2017
Bench: S.S. Shinde
cran689.17
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 689 OF 2017
1. Anita Vijay Ware.
Age 27 years, Occ. Household
R/o. Badnapur, District Jalna
2. Annasaheb Ramrao Ware
Age 60 years, Occ. Agriculture
R/o. Chikalthana, Aurangabad
3. Kamal Annasaheb Ware
Age 52 years, Occ. Household
R/o. Chikalthana, Aurangabad
4. Kavita Sunil Ware,
Age 27 years, Occ. Household,
R/o. Chikalthana, Aurangabad
5. Nanda Raju Ware,
Age 24 years, Occ. Household,
R/o. Chikalthana, Aurangabad
6. Sunil Annasaheb Ware
Age 32 years, Occ. Agriculture
R/o. Chikalthana, Aurangabad
7. Raju Annasaheb Ware,
Age 29 years, Occ. Agriculture
R/o. Chikalthana, Aurangabad ...Applicants
versus
The State of Maharashtra
(Copy to be served on
the Public Prosecutor
High Court at Aurangabad) ...Respondent
...
Advocate for Applicants : Mr. Vishal A Bagdiya
APP for Respondents: Mrs. P.V. Diggikar
.....
::: Uploaded on - 14/03/2017 ::: Downloaded on - 15/03/2017 00:35:01 :::
cran689.17
-2-
CORAM : S.S. SHINDE AND
V. K. JADHAV, JJ.
DATED : 9th MARCH, 2017
ORAL JUDGMENT (PER S.S. SHINDE, J.)
1. Rule. Rule returnable forthwith. By consent of parties, heard
finally at admission stage.
2. This application is filed jointly by the applicant/original informant
and the accused, with a prayer to quash the F.I.R. No. 0423 of 2016,
registered with M.I.D.C. CIDCO Police station for the offences
punishable under Sections 307, 323, 504, 506 r.w. 34 of I.P.C. on the
basis of terms of settlement arrived at between them. The applicant
No.1 has placed on record the affidavit of terms of settlement duly
signed by her and verified before the Registrar (Judicial) of this Court.
Similarly, the other applicants have also filed affidavits of terms of
settlement. The parties appeared before Registrar (Judicial) of this
Court. The parties were identified by their respective advocates. The
Registrar (Judicial) has verified the terms of settlement and also
explained those terms of settlement in verbatim to the parties
concerned. In the terms of settlement filed by applicant No.1 i.e.
original informant, she states that it is her voluntary act of entering into
terms of settlement and same is without any coercion. In view of this,
no fruitful purpose would be served in continuing with the F.I.R. and the
proceedings, since applicant No.1 original informant is not going to
cran689.17
support the allegations made in the F.I.R.
3. Upon perusal of the investigation papers, we have noticed that in
the said incident, applicant No.1 has sustained simple injuries.
4. Since the parties have decided to set at rest the dispute and that
the terms of settlement have been filed on record, in view of exposition
by the Supreme Court in the case of Gian Singh vs. State of Punjab
and another, reported in 2012 (4) Bom.C.R. (Cri.) 428, in order to
prevent the abuse of process of law/Court, the F.I.R. is quashed. The
criminal application is allowed in terms of prayer clause "B".
5. Rule made absolute in the above terms. Criminal application
stands disposed of accordingly.
( V. K. JADHAV, J.) (S. S. SHINDE, J.)
rlj/
