Bombay High Court
Sopan Lalu Rathod And Others vs The State Of Maharashtra And Anr on 13 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
Cri. Appln. No. 2078/20 & Anr.
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IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2078 OF 2020
1. Vilas Rupsing Adhe
Age 54 years, Occu. Agri.,
R/o. Malegaon Tanda, Tal. Jintur,
Dist. Parbhani.
2. Nirmala Vilas Adhe
Age 50 years, Occu. Household,
R/o. As above.
3. Ananda Vilas Adhe,
Age 29 years, Occu. Private Service,
R/o. As above. ....Applicants.
Versus
1. The State of Maharashtra
Through, The Superintendent of Police,
Parbhani, Dist. Parbhani.
2. The In charge Investigation Ofcer,
Police Station Jintur, Tal. Jintur,
Dist. Parbhani.
3. Preeti Ananda Adhe,
Age 21 years, Occu. Household,
R/o. Malegaon Tanda, Tal. Jintur,
Dist. Parbhani.
At present Ganganagar, Jintur,
Tal. Jintur, Dist. Parbhani. ....Respondents.
Mr. V.H. Pathade, Advocate for applicants.
Mr. G.O. Wattamwar, APP for respondent Nos. 1 and 2.
Mr. S.J. Salunke, Advocate for respondent No. 3.
WITH
CRIMINAL APPLICATION NO. 2130 OF 2020
1. Sopan s/o. Lalu Rathod
Age 52 years, Occu. Service,
R/o. Ganga Nagar, Jintur,
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Cri. Appln. No. 2078/20 & Anr.
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Tq. Jintur, Dist. Parbhani.
2. Durgabai s/o. Sopan Rathod
Age 44 years, Occu. Household,
R/o. Ganga Nagar, Jintur,
Tq. Jintur, Dist. Parbhani.
3. Tushar s/o. Sopan Rathod
Age 18 years, Occu. Education,
R/o. Ganga Nagar, Jintur,
Tq. Jintur, Dist. Parbhani. ....Applicants.
Versus
1. The State of Maharashtra
Through Police Station Ofcer,
Police Station, Jintur,
Tq. Jintur, Dist. Parbhani.
2. Ananda s/o. Vilas Aadhe,
Age 29 years, Occu. Private Service,
Narhegaon, Pune, at Present
R/o. Malegaon Tanda,
Tq. Jintur, Dist. Parbhani. ....Respondents.
Mr. S.J. Salunke, Advocate for applicants.
Mr. G.O. Wattamwar, APP for respondent/State.
Mr. V.H. Pathade, Advocate for respondent No. 2.
CORAM : T.V. NALAWADE AND
M.G. SEWLIKAR, JJ.
DATED : 13/01/2021.
JUDGMENT : [PER T.V. NALAWADE, J.]
1) Rule. Rule made returnable forthwith. By consent, heard
both the sides for fnal disposal.
2) Criminal Application No. 2078/2020 is fled for relief of
quashing of F.I.R. No. 356/2020 registered in Jintur Police Station,
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Cri. Appln. No. 2078/20 & Anr.
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Parbhani for ofences punishable under sections 354-A, 323 and 34
of Indian Penal Code. This Court has carefully gone through the
nature of allegations made by informant against the applicants of
this proceeding.
3) Criminal Application No.2130/2020 is fled for relief of
quashing of F.I.R. No. 349/2020 which is registered in the same police
station for ofences punishable under sections 328, 323, 506 and 34
of I.P.C. In this matter also, this Court has gone through the nature of
allegations. The informant of the two matters are husband and wife.
In view of the nature of allegations, it can be said that it is a family
dispute.
4) During arguments the learned counsels of the applicants
of the two proceedings submitted that parties have settled the
dispute and afdavits of informants are fled in both the matters to
that efect. This Court has gone through the afdavits. They have
mentioned the relationship and they have mentioned that they have
settled the matters and they want to live peaceful life by settling the
dispute. They have given no objection for giving reliefs claimed in
the matters. In view of these circumstances, following order.
ORDER
I. Both the proceedings are allowed.
II. In Criminal Application No.2078/2020 relief is granted
Cri. Appln. No. 2078/20 & Anr.
in terms of prayer clause 'A' and in Criminal Application
No.2130/2020 relief is granted in terms of prayer clause 'C'
Rule is made absolute in those terms.
[ M.G. SEWLIKAR, J.] [T.V. NALAWADE, J.]
ssc/
