Kesarbai Sidram Salgar And Others vs The State Of Maharashtra And Anr
2017 Latest Caselaw 6772 Bom

                                   1                                   APPLN4265.2017.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
                     BENCH AT AURANGABAD.

                CRIMINAL APPLICATION NO. 4265 OF 2017 


1.     Kesarbai Sidram Salgar,
       Age : 55 years, Occupation : Housewife,
       R/o. Ter, Tq. & Dist. Osmanabad.

2.     Sidram Limbaji Salgar,
       Age : 62 years, Occupation : Agriculture,
       R/o. Ter, Tq. & Dist. Osmanabad.

3.     Saxena @ Sakshana Sidram Salgar,
       Age : 29 years, Occupation : Social Worker,
       R/o. Ter, Tq. & Dist. Osmanabad.

4.     Saraswati Sidram Salgar,
       Age : 27 years, Occupation : Education,
       R/o. 24/6, Old Rajinder Nagar,
       New Delhi-110060.

5.     Rakhi Vithal Gadade,
       Age : 37 years, Occupation : Service,
       R/o. 194, Nandanvan Colony,
       Aurangabad, Dist. Aurangabad.

6.     Vithal Yashwant Gadade,
       Age:48 years, Occupation : Business,
       R/o. 194, Nandanvan Colony,
       Aurangabad, Dist. Aurangabad.

7.     Randhir Sidram Salgar,
       Age : 48 years, Occupation : Business,
       R/o. Ter, Tq. & Dist. Osmanabad.                        ... Applicants

       VERSUS

1.     The State of Maharashtra 
       Through Police Station Dhoki
       Dist. Osmanabad. 




 ::: Uploaded on - 09/09/2017                    ::: Downloaded on - 12/09/2017 01:12:38 :::
                                        2                                  APPLN4265.2017.odt


2.     Manisha Sachin Salgar,
       Age : 23 years, Occupation:Housewife,
       R/o. Ter, Tq. & Dist. Osmanabad.
       At present -
       C/o. Ganesh Bhikaji Jarak,
       Survey No. 176/12, Dashrath Nagar,
       Dhamalwadi, Near Sanjuda Complex,
       Bhekrai Nagar, Phursungi, Hadapsar,
       Pune-411028.                                      ... Respondents

                                    ..........
               Mr S. J. Salunke, Advocate for the applicants
           Mrs Vaishali N. Patil-Jadhav, APP for respondent/State
               Mr A. V. Lavte, Advocate for respondent No. 2
                                   .............

                                 WITH
                 CRIMINAL APPLICATION NO.4713 OF 2017
                                  IN
                 CRIMINAL APPLICATION NO. 4265 OF 2017


                                    CORAM  :       S. S. SHINDE   &
                                                   A. M. DHAVALE, JJ.

DATE : 04.09.2017.

ORAL JUDGMENT (Per S. S. Shinde, J.) :-

1. Rule. Rule made returnable forthwith. Heard finally with

the consent of the parties and taken up for final disposal at admission

stage.

2. Pursuant to the notices issued by this Court, respondent

No. 2 i.e. informant has filed affidavit. It is stated in the said affidavit

that, with the intervention of the elderly persons and relatives,

3 APPLN4265.2017.odt

respondent No. 2 and the applicants/accused resolved the disputes

between them amicably. Now there are no differences between the

deponent & the accused and in view of the amicable settlement, the

informant does not want to continue with the criminal proceedings

against the accused arising out of the Crime bearing No. 0117/2017,

registered with Police Station Dhoki, Tq. & Dist. Osmanabad, for the

offences punishable u/s 498A, 323, 504, 506 r/w 34 of the Indian

Penal Code on 09.05.2017. The said affidavit is already placed on

record.

3. Respondent No. 2 and the accused are present before the

court and they are identified by their respective counsel.

4. Having interacted with respondent No. 2-the informant,

she stated that it is her voluntary act to enter into the settlement and

the compromise arrived at between the parties is without any coercion.

In that view of the matter, keeping in view the exposition of law by the

Hon'ble Apex Court in the matter of Gian Singh Versus State of

Punjab and Another reported in (2012) 10 SCC 303, in order to secure

the ends of justice and to prevent the abuse of process of the Court, we

are inclined to accept the affidavit showing compromise arrived at

between the parties. No useful purpose would be served in continuing

4 APPLN4265.2017.odt

with the proceedings in the light of the compromise arrived at between

the parties. Further continuation of the proceedings would be an

exercise in futility. In that view of the matter, the Criminal Application

is allowed in terms of compromise arrived at between the parties.

5. The First Information Report bearing No. 0117/2017,

registered with Police Station Dhoki, Tq. & Dist. Osmanabad, for the

offences punishable u/s 498A, 323, 504, 506 r/w 34 of the Indian

Penal Code on 09.05.2017, stands quashed and set aside.

6. In view of disposal of Criminal Application No. 4265 of

2017, nothing survives for consideration in the connected Criminal

Application No. 4713 of 2017 and same stands disposed of.

7. Rule made absolute in above terms with no order as to

costs.

         [ A. M. DHAVALE ]                                 [ S. S. SHINDE ] 
                    JUDGE                                          JUDGE



sgp