Aman S/O. Agrawal And Others vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 9182 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



              CRIMINAL APPLICATION (APL) NO.291 OF 2017
                                with 
              CRIMINAL APPLICATION (APL) NO.513 OF 2017


  1)  CRIMINAL APPLICATION (APL) NO.291 OF 2017 :


  1. Aman s/o. Sanjay Agrawal,
      Aged 21 years, Occ. Student, 
      r/o. Seva Sadan, Nagpur.

  2. Pushpak s/o. Surendra Bakliwal,
      Aged 28 years, Occ. Chartered
      Accountant, r/o. Tulsi Nagar,
      Nagpur.

  3. Mohit s/o. Abhay Jain,
      Aged about 34 years, Occ.
      Business, r/o. Azad Chowk,
      Sadar, Nagpur.

  4. Romil s/o. Ajit Jain,
      Aged about 31 years, Occ.
      Advocate, r/o. Golcha Marg,
      Sadar, Nagpur.



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  5. Rahul s/o. Rajan Jain,
      Aged about 34 years, Occ.
      Business.

  6. Puneet s/o. Vimal Jain,
      Aged about 34 years, Occ.
      Business.                            ..........      APPLICANTS


          // VERSUS //


  1. State of Maharashtra,
      Through Police Station Officer,
      Police Station, Ganeshpeth, 
      Nagpur. 

  2. Shailendra Madhukrrao Ghate,
      Aged about 45 years, Occ. 
      Contractor, r/o. Kothi Road,
      Near Rajendra High School,
      Mahal, Nagpur.                         ..........       RESPONDENTS


  ____________________________________________________________  
              Mr.Vishwajeet Singh Oberoi, Advocate for for the Applicants.
              Mr.A.M.Deshpande, A.P.P. for Respondent No.1/State.
              Mr.Prakash D. Randive, Advocate for Respondent No.2.
   ____________________________________________________________

                                    ****


  2)  CRIMINAL APPLICATION (APL) NO.513 OF 2017 :


  1. Shailendra Madhukar Ghate, 
      Aged about 45 years, Occ.Contractor, 
      r/o. Kothi Road, Mahal, Nagpur.




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  2. Yogesh s/o. Vishnupant Aasre,
      Aged about 43 years, r/o. 36, 
      Nilkamal Nagar, Hudkeshwar,
      Nagpur.

  3. Nitin s/o. Janardhan Aasre,
      Aged about 25 years, r/o. Pardi
      Ambe Nagar, Kalamana, 
      Nagpur.

  4. Ashilesh s/o. Ashok Mande, 
      Aged about 32 years, r/o. Ruikar
      Road, Mahal, Nagpur.

  5. Mohd. Ikram Mohd. Munchi, 
      Aged about 37 years, r/o. Dasara
      Road, Mahal, Nagpur.                     ..........      APPLICANTS


          // VERSUS //


  1. State of Maharashtra,
      Through Police Station Officer,
      Police Station, Ganeshpeth, 
      Nagpur. 

  2. Aman s/o. Sanjay Agrawal,
      Aged about 20 years, r/o. 57,
      Sewasadan Chowk, C.A. Road,
      Nagpur.                                   ..........       RESPONDENTS


  ____________________________________________________________  
              Mr.Prakash D. Randive, Advocate for for the Applicants.
              Mr.A.M.Deshpande, A.P.P. for Respondent No.1/State.
              Mr.Vishwajeet Singh Oberoi , Advocate for Respondent No.2.
   ____________________________________________________________




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                                     CORAM     :  R.K.DESHPANDE 
                                                          AND
                                                          M.G.GIRATKAR, JJ.

DATED : 29th November, 2017.

ORAL JUDGMENT (Per M.G.Giratkar, J) :

1. Criminal Application Nos. 291 of 2017 and 513 of 2017

are admitted and heard finally with the consent of the learned

Counsel for the respective parties.

2. The applicants in both these Criminal Applications

lodged reports against each other. Therefore, Criminal cases/crimes

came to be registered against the applicants in both the applications.

The applicants in both the applications have filed Joint pursis

dt.29.11.2017. They have submitted that both the parties have

compromised the matter. They do not want to prosecute each other.

3. Today, both the parties/applicants are present with their

Counsel. Looking to the settlement between both the

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parties/applicants, crimes registered against each other are liable to

be quashed and set aside. Hence, we pass the following order.

// ORDER //

Criminal Application No.291 of 2017 is allowed in

terms of prayer clause (i) thereof, which reads thus :

" quash and set aside the FIR No.83/2017, dt.31.3.2017 of P.S.Ganeshpeth, Nagpur".

Criminal Application No.513 of 2017 is allowed in

terms of prayer clause (a) thereof, which reads thus :

" quash and set aside the First Information Report bearing No.186/2017 registered with Police Station, Ganesh Peth, Nagpur for offences punishable under Sections 143, 147, 149, 323, 324, 504, 506 of Indian Penal Code. "

No order as to costs.

                              JUDGE                        JUDGE
   


  [jaiswal]


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