Bombay High Court
Suryabhan Bapurao More And Others vs The State Of Maharashtra And Anr on 15 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
1 Cri. Appln. No. 609/2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
31. CRIMINAL APPLICATION NO. 609 OF 2020
1. Suryabhan S/o Bapurao More,
age 61 years occupation agriculture
R/o Ahirewadi Taluka Purna Dist. Parbhani
2. Baban S/o Ramrao Khandare,
age 61 years occup. & R/o as above
3. Jagan S/o Suryabhan More,
age 30 years occup. & R/o as above.
4. Tukaram @ Baburao S/o Suryabhan More,
age 37 years occup. Asstt. Professor
R/o Khultabad Tal. Khultabad Dist. Aurangabad
...Applicants
VERSUS
1. The State of Maharashtra
Through : Investigation Officer,
Purna Police Station Taluka Purna Dist. Parbhani.
2. Pandit S/o Sakharamji More,
age 47 years occupation agriculture
R/o Ahirewadi Tal. Purna Dist. Parbhani. ...Respondents
Mr. R.V. Gore, Advocate for applicants
Mr. R.B. Bagul, Addl. Public Prosecutor for Respt. No.1/State
Mr. G.J. Pahilwan, Advocate for respondent No.2
CORAM : T.V. NALAWADE &
M.G. SEWLIKAR, JJ.
DATE : 15th January, 2021
ORAL JUDGMENT (PER : T.V. NALAWADE, J.) :
1. Rule. Rule made returnable forthwith. By consent, heard
both the sides for fnal disposal.
2. Present proceeding is filed for the relief of quashing of
the proceeding of Sessions Case No. 77/2019 pending before the
learned Addl. Sessions Judge, Parbhani. The case is filed for offences
punishable under sections 307, 323, 504, 506 read with Section 34
of the Indian Penal Code. During argument, the learned Counsel for
the applicants and the learned Counsel for the original complainant,
informant submitted that the parties have settled the dispute. The
record shows that two persons, like Krishna and Pandit were injured
in the incident. They have filed affidavit to the effect that they have
settled the dispute and they have no objection to grant the aforesaid
relief. This Court has gone through the allegations made against the
applicants and also the Medico Legal Certificates in respect of
Krishna and Pandit. The record shows that both of them sustained
simple injuries. Iron rod was used in the incident. Private part was
pressed. In view of the nature of allegations made in the F.I.R. and
the nature of injuries sustained, this Court holds that that the relief
needs to be granted. As the injured persons have no intention to
give evidence, nothing can be achieved by asking the applicants to
face the trial.
3. By way of precaution, this Court had asked the learned
Addl. Public Prosecutor to collect antecedents of the applicants.
Today, the written communication of Police Inspector of Purna Police
Station is produced and it shows that against the present applicants
one crime as Crime Regn. No.161/2017 was registered for offences
punishable under Sections 325, 323, 504, 506, 149, etc. of the
Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act and the case filed
in that C.R. is still pending. In view of the nature of allegations
made in the present matter, this Court holds that the circumstance
of pendency of the aforesaid matter cannot come in the way of the
applicants to get the relief.
4. In the result, the application is allowed subject to
payment of costs Rs. 15000/- (Rs. fifteen thousand only) to be paid
by applicants within four weeks from today. The relief is granted in
terms of Prayer Clause (B).
5. If the amount is not paid it is to be presumed that the
present proceeding is dismissed. If the amount is paid, it is to be
credited in the account of the High Court Legal Services Sub-
Commitee, Aurangabad.
6. Rule made absolute in those terms.
( M.G. SEWLIKAR ) ( T.V. NALAWADE )
JUDGE JUDGE
Madkar
