Bombay High Court
Maroti S/O Dattrao Bansode And ... vs The State Of Maharashtra And Anr on 23 March, 2017
Bench: S.S. Shinde
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.303 OF 2017
1. Maroti s/o. Dattrao Bansode,
Age 39 Years, Occu. Agri.,
2. Anil s/o. Sakharam Talde
Age 22 Yrs, Occu. Agri.,
3. Balu s/o. Sheshrao Bobde
Age 25 Yrs, Occu. Agri.,
4. Sachin s/o. Anilrao Pawar
Age 20 Yrs, Occu. Agri.,
5. Amol s/o. Baban Bansode
Age 16 Yrs, Occu. Agri.,
6. Baban s/o. Raghoji Bansode
Age 40 Yrs, Occu. Agri.,
7. Vishnupant s/o. Dattrao Bansode
Age 34 Yrs, Occu. Agri.,
8. Eknath s/o. Marotrao Paratkar
Age 19 Yrs, Occu. Agri.,
9. Dinesh s/o. Yamnaji Khune
Age 26 Yrs, Occu. Agri.,
10. Nitin s/o. Anilrao Pawar
Age 21 Yrs, Occu. Agri.,
11. Sanjay s/o. Kisanrao Walwante
Age 32 Yrs, Occu. Agri.,
All R/o. Khandoba Bazar,
Parbhani,Tq. & Dist.Parbhani APPLICANTS
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2
VERSUS
1. The State of Maharashtra
2. Turabkhan s/o. Habibkhan
Age 30 Yrs, Occu. Hotel Owner
R/o. Jakir Hussen Nagar
Parbhani, Tq. & Dist. Parbhani
RESPONDENTS
...
Mr.Satej S. Jadhav and A.Chaudhari, Advocates
for the applicants
Mr.S.P.Deshmukh, APP for Respondent No.1/
State
Mr.Quadri Taher Ali, Advocate for respondent
No.2.
...
WITH
CRIMINAL APPLICATION NO.408 OF 2017
1. Turab Khan s/o. Habib Khan,
Age 30 years, Occu.Business,
Hotel Owner,
R/o. Dr.Zakir Hussain Nagar,
Nanalpeth, Parbhani,
Tq. & Dist. Parbhani.
2. Shaikh Rafiq s/o.Shaikh Ahmed
Urf Mukesh,
Age 32 Years, Occ. Business,
R/o. Marathwada Plot, Nanalpeth,
Parbhani.
3. Shaikh Siraj Pasha s/o. Shaikh
Muniroddin,
Age 30 years, Occ: Labour,
R/o. Gulzar Colony, Nanalpeth,
Parbhani.
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3
4. Mirza Shakil Beg s/o. Mirza Mustafa Beg
Age 31 years, Occ:Labour,
R/o. Ganesh Colony, Nanalpeth,
Parbhani. APPLICANTS
VERSUS
1. The State of Maharashtra
Through Police Station Nanalpeth,
Parbhani, Tq. & Dist. Parbhani
2. Mohan Ashruba Pole,
Age: 30 Years, Occ: Agri. Labour,
R/o. Nehru Nagar, near Birghunath
College, Nanalpeth, Parbhani
RESPONDENTS
...
Mr.Quadri Taher Ali, Advocate for the
applicants.
Mr.S.P.Deshmukh, APP for respondent no.1 /
State.
Mr.Satej S. Jadhav, Advocate for respondent
no.2.
...
WITH
CRIMINAL APPLICATION NO.409 OF 2017
Turab Khan s/o. Habib Khan,
Age 30 Years, Occu. Business Hotel Owner,
R/o. Dr.Zakir Hussain Nagar, Nanalpeth,
Parbhani,Tq.& Dist.Parbhani. APPLICANT
VERSUS
1. The State of Maharashtra
Through Police Station Nanalpeth,
Parbhani, Tq.& Dist.Parbhani
2. Kishan Govindrao Vaidya,
Age: Major Years, Occ: Labour,
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4
R/o. Bobali Takali, Nanalpeth,
Parbhani, Tq. & Dist.Parbhani RESPONDENTS
...
Mr.Quadri Taher Ali, Advocate for the
applicant
Mr.S.P.Deshmukh, APP for respondent no.1 /
State.
Mr.Satej S. Jadhav, Advocate for respondent
no.2.
...
CORAM: S.S.SHINDE &
K.K.SONAWANE,JJ.
Reserved on : 17.03.2017
Pronounced on : 23.03.2017
JUDGMENT: (Per S.S.Shinde, J.):
1. Heard.
2. Rule. Rule made returnable
forthwith, and heard finally with the consent
of the parties.
3. Criminal Application Nos.303/2017,
408/2017 and 409/2017 are filed for quashing
and setting aside the FIR bearing Crime No.
276/2016 [Charge sheet No.320/2016 in RCC
No.389/2016], Crime No.0279/2016 and Crime
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No.0277/2016, registered with Nanalpeth
Police Station, Parbhani, respectively.
4. Pursuant to the notices issued to
the respondents in Criminal Application No.
303/2017, applicant nos.1 to 11 and
respondent no.2 i.e. first informant have
filed joint compromise pursis. Para 2 to 6 of
the joint compromise pursis reads thus:
2. It is submitted that, all the
deponents wherein are executing this
joint compromise pursis for
submitting the same before this
Hon'ble Court as a proof of the
compromise, that has taken place
between both the parties.
3. It is submitted that, the
present crime is registered,
admittedly out of political rivalry
and misunderstanding between both
the parties and for the same the
cross F.I.R. has also been
registered.
4. It is submitted that, the
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deponent No.12 herein submits and
fortifies on oath, the fact that,
the matter has been settled
willingly by both the parties and
that he has no grievance against the
accused, deponent No.1 to 12.
5. It is submitted that, the
deponents herein adopted the policy
of forget and forgive and has
decided to co-exist and live in a
peace and brotherhood, foreseeing it
as beneficial to maintain the
health, texture and harmony of the
society of which, they are
responsible members.
6. It is submitted that,
therefore, in the matter of above
and the grounds main in application,
the deponents herein all humility
pray that this compromise pursis /
deed be accepted and considered by
this Hon'ble Court and the present
Crime No.276/2016 registered against
the applicants, at Nanalpeth Police
Station, Parbhani, Dist. Parbhani,
be kind quashed. Pursuant to same at
the sympathetic hands of this
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Hon'ble Court and in the interest of
justice.
5. The joint compromise pursis is
signed and verified by all the applicants and
respondent no.2 in Criminal Application No.
303/2017.
The injured witnesses namely, Mazhar
Khan Nazirkhan Pathan and Ajim Khan Habib
Khan have filed affidavits. In the said
affidavits, it is stated that in view of the
joint compromise pursis filed by the
applicants and respondent no.2, they are also
willing to settle the matter in the light of
contentions raised in the joint compromise
pursis and they have no objection to quash
the FIR bearing Crime No.276/2016, registered
with Nanalpeth Police Station, Parbhani.
6. Pursuant to the notices issued to
the respondents in Criminal Application No.
408/2017, applicant nos.1 to 4 and respondent
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no.2 i.e. first informant have filed joint
compromise pursis. Para 2 to 6 of the joint
compromise pursis reads thus:
2. It is submitted that, all the
deponents wherein are executing this
joint compromise purshis for
submitting the same before this
Hon'ble Court as a proof of the
compromise, that has taken place
between both the parties.
3. It is submitted hat, the
present crime is registered,
admittedly out of political rivalry
and misunderstanding between both
the parties and for the same the
cross F.I.R. has also been
registered.
4. It is submitted that, the
deponent No.5 herein submits and
fortifies on oath, the fact that,
the matter has been settled
willingly by both the parties and
that he has no grievance against the
accused, deponent no.1 to 4.
5. It is submitted that, the
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deponents herein adopted the policy
of forget and forgive and has
decided to co-exist and live in a
peace and brotherhood, forseeing it
as beneficial to maintain the
health, texture and harmony of the
society of which, they are
responsible members.
6. It is submitted that,
therefore, in the matter of above
and the grounds in main application,
the deponents herein all humbly pray
that this compromise purshis / deed
be accepted and considered by this
Hon'ble Court and the present Crime
No.0279/2016 registered against the
applicant, at Nanalpeth Police
Station, Parbhani, Dist. Parbhani be
kindly quashed. Pursuant to same at
the sympathetic hands of this
Hon'ble Court and in the interest of
justice.
7. The joint compromise pursis is
signed and verified by all the applicants and
respondent no.2 in Criminal Application No.
408/2017.
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8. Pursuant to the notices issued to
the respondents in Criminal Application No.
409/2017, applicant and respondent no.2 i.e.
first informant have filed joint compromise
pursis. Para 2 to 6 of the joint compromise
pursis reads thus:
2. It is submitted that, all the
deponents wherein are executing this
joint compromise purshis for
submitting the same before this
Hon'ble Court as a proof of the
compromise, that has taken place
between both the parties.
3. It is submitted hat, the
present crime is registered,
admittedly out of political rivalry
and misunderstanding between both
the parties and for the same the
cross F.I.R. has also been
registered.
4. It is submitted that, the
deponent no.2 herein submits and
fortifies on oath, the fact that,
the matter has been settled
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willingly by both the parties and
that he has no grievance against the
accused, deponent no.1.
5. It is submitted that, the
deponents herein adopted the policy
of forget and forgive and has
decided to co-exist and live in a
peace and brotherhood, forseeing it
as beneficial to maintain the
health, texture and harmony of the
society of which, they are
responsible members.
6. It is submitted that,
therefore, in the matter of above
and the grounds in main application,
the deponents herein all humbly pray
that this compromise purshis / deed
be accepted and considered by this
Hon'ble Court and the present Crime
No.0277/2016 registered against the
applicant, at Nanalpeth Police
Station, Parbhani, Dist. Parbhani,
be kindly quashed. Pursuant to same
at the sympathetic hands of this
Hon'ble Court and in the interest of
justice.
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9. The joint compromise pursis is
signed and verified by the applicant and
respondent no.2 in Criminal Application No.
409/2017.
10. We have interacted with the
applicants and the first informants and also
injured witnesses, they have stated that it
is their voluntary act to enter into the
compromise/settlement without any coercion
and to maintain cordial relation in future
with each other, they have decided to file
compromise pursis.
11. We have carefully perused the
allegations in the First Information Reports
and also charge sheets. Upon careful perusal
of the injury sustained by the injured
witnesses are simple in nature, except one
injury sustained by Turabkhan Habibkhan.
Though the nature of injury on left hand over
middle finger is grievous injury, same is not
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on vital part. Even another injured witness
namely Mazhar Khan Nazirkhan Pathan
sustained grievous injury. However, according
to the learned Advocate appearing for him, he
was not treated as indoor patient for long
time and he was discharged from Hospital
immediately.
12. It appears that applicants and
informants have filed cases against each
other out of political rivalry. The parties
have voluntarily decided to settle the
dispute and bury the grievance against each
other by adopting the policy of forget and
forgive, they have decided to co-exist and
live in a peace and brotherhood, foreseeing
it as beneficial to maintain the health,
texture and harmony of the society of which,
they are responsible members.
13. It clearly emerges on record that
the parties have amicably settled the dispute
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and not to ready to proceed with the further
proceedings arising out of the First
Information Reports bearing Crime Nos.
276/2016 [Charge sheet no.320/2016 in RCC No.
389/2016], Crime No.0279/2016 and Crime No.
0277/2016, registered with Nanalpeth Police
Station, Parbhani, District Parbhani,
respectively. It means neither the informants
nor the witnesses are going to support the
allegations and as a result continuation of
further proceedings arising out of the afore-
mentioned Crimes would be abuse of process of
law / court.
14. In that view of the matter, keeping
in view the parameters laid down in the case
of Gian Singh Vs. State of Punjab & another 1,
and also in the case of Narinder Singh &
others Vs. State of Punjab & another 2, we are
inclined to allow these Criminal
Applications.
1 2012 AIR SCW 5333
2. 2014 AIR SCW 2065
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15. Accordingly, all Criminal
Applications are allowed in terms of prayer
clause-B in the respective Applications. Rule
is made absolute on above terms and the
Criminal Applications stand disposed of.
[K.K.SONAWANE] [S.S.SHINDE]
JUDGE JUDGE
DDC
