Pradeep Kashinath Kolte And 5 ... vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 2621 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                   CRIMINAL APPLICATION (APL) NO. 224 OF 2021


 1.     Pradeep Kashinath Kolte,
        Aged about 24 yrs, Occ.: Education,

 2.     Yogesh Vithal Kolte,
        Aged about 25 yrs, Occ.: Agriculturist,

 3.     Deepak Tulsiram Kolte,
        Aged about 22 yrs, Occ.: Education,

 4.     Sagar Dattu Kolte,
        Aged about 20 yrs, Occ.: Education,

 5.     Sainath Vithal Kolte,
        Aged about 28 yrs, Occ.: Education,

        All above are R/o. Misalwadi, Adhera,
        Buldana.

 6.     Ganesh Ambadas Suradkar,
        Aged about 25 yrs, Occ.: Labour,
        R/o. Misalwadi, Adhera, Buldana.

                                                                   .... APPLICANTS.

                                    // VERSUS //


 State of Maharashtra,
 Through Police Station, Adhere,
 Dist - Buldana.
                                                              .... NON-APPLICANT.
  ___________________________________________________________________
 Shri S.O.Ahmed, Advocate for Applicants.
 Shri N.S.Rao, A.P.P. for Non-applicant No.1/State.
 ___________________________________________________________________

                         CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.

DATED : FEBRUARY 09, 2021.

  Judgment                                    2                                apl224.21.odt




 ORAL JUDGMENT : (Per : Z.A.Haq, J.)


 1.                Heard.

2. RULE. Rule made returnable forthwith.

3. Accused (Applicant Nos.1 to 5) and informant (Applicant No.6)

have jointly filed this application under Section 482 of the Code of Criminal

Procedure praying that the First Information Report registered against the

applicant Nos.1 to 5 with the non-applicant No.1-Police Station for the

offences punishable under Sections 143, 147, 324, 504, 506 and Section 34

of the Indian Penal Code and Section 3(1)(r) and 3(1)(s) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be

quashed.

4. According to the accused and the informant, they are residents

of the same locality and the matter is now amicably settled and the applicant

No.6-informant is not interested in prosecution of the applicant Nos. 1 to 5-

accused. The Criminal Application is supported by affidavit of the applicant

No.6-informant. The First Information Report is registered on 21 st April

2020. The investigation is at preliminary stage and the charge-sheet is not

filed.

Judgment 3 apl224.21.odt

5. Considering the nature of the crime and the fact that the

learned A.P.P. has not been able to point out any impediment in quashing the

First Information Report, we deem it fit to exercise jurisdiction under Section

482 of the Code of Criminal Procedure.

6. Hence, we pass the following order:

First Information Report registered with non-applicant

No.1-Police Station against the applicant Nos. 1 to 5 vide Crime

No.0110 of 2020, is quashed.

Rule is made absolute accordingly.

                             (AMIT B. BORKAR, J)                      (Z.A.HAQ, J)


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