Ganesh Vitthal Karale And Anr vs The State Of Maharashtra And ...
2021 Latest Caselaw 3601 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                      CRIMINAL APPLICATION NO. 255 OF 2021

1.    Ganesh s/o Vitthal Karale
      Age : 35 years, Occ : Agri.,
      R/o. Agadgaon, Tq. Nagar,
      Dist. Ahmednagar

2.    Ashok s/o Vitthal Karale
      Age : 29 years, Occ : Agri.,
      R/o. Agadgaon, Tq. Nagar,
      Dist. Ahmednagar                                      .... APPLICANTS

                VERSUS

1.    The State of Maharashtra,
      Through In-charge Officer,
      Nagar Taluka Police Station, Nagar,
      Tq. Nagar, Dist. Ahmednagar.

2.    Laxman s/o Umaji Borude
      Age : 65 years, Occu : Agri.,
      R/o. Agadgaon, Tq. Nagar,
      Dist. Ahmednagar
                  .                                         ... RESPONDENTS

Shri. Abhijeet P. Avhad, Advocate for the applicants
Shri. G. O. Wattamwar, APP for the respondent/State
Shri. A. G. Ambetkar, Advocate for respondent No. 2.

                                        CORAM : T. V. NALAWADE &
                                                M. G. SEWLIKAR, JJ.

DATED : 25-02-2021

ORAL JUDGMENT (PER : T. V. NALAWADE, J.) :-

1. Rule. Rule made returnable forthwith, heard finally with the

consent of the parties for final disposal.

2. Present proceeding is filed for relief of quashing of Crime No.

450/2019 registered with Nagar Taluka Police Station, Tq. Nagar, District

Ahmednagar for the offences punishable under Sections 324, 323, 326 read

with Section 34 of the Indian Penal Code, under Sections 37(1)(3) and 135 of

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Bombay Police Act and under Sections 3(1)(r)(s) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act. He also claimed for quashing of

the proceeding of Special Case No. 113/2020 which is filed in the Court of

Special Judge, District and Session Court, Ahmednagar for aforesaid offences.

3. During the arguments, learned counsels for the applicants and

informant submitted that the parties have settled the dispute. This Court has

perused the papers of investigation which are amounted to file charge-sheet.

The injury certificate shows that Laxman Borude sustained fracture injury to

lower end of ulna and due to the circumstance Section 326 of the Indian Penal

Code applied. The record shows that there was some civil dispute between the

parties and out of that dispute the incident in question took place. They want

to maintain good relations in future and for that they have taken decision to

settle the dispute. The informant has given no objection to grant the aforesaid

relief.

4. In view of the nature of dispute which is pending between the

parties and aforesaid circumstances, this Court holds that reliefs needs to be

given. Though the matter was taken on board today and learned APP wanted

to ascertain antecedents of the applicants. Looking to the aforesaid

circumstances and nature of dispute, there is no need to collect more

antecedents of the applicants. This Court is granting the relief today itself. In

the result, application is allowed. Relief is granted in terms of prayer clause 'B'.

5. Rule made absolute in those terms.

[M. G. SEWLIKAR, J.]                                                [T. V. NALAWADE , J.]

ssp




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