Bombay High Court
Minakshi Babasaheb Chate And ... vs The State Of Maharashtra And Anr on 14 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1660 OF 2019
1. Minakshi Babasaheb Chate
age 45 years, occ. household/agri.
r/o Balaghat Shikshak Colony
Canal road, Beed
Tq. & Dist. Beed.
2. Ashok Ankurshrao Ghuge
age 47 years, occ. Agril & Legal practitioner
r/o Canal Road, Beed
Tq. & Dist. Beed.
3. Dr. Laxman Bhaskar Ware
age 33 years, occ. Medical Practitioner
r/o Ware Niwas, Survey no. 66
Circus Ground Behind Government ITI,
Beed, Tq. & Dist. Beed.
4. Govind Dnyanoba Munde
age 37 years, occ. Agri. & labour
r/o Tadsonna, Tq. & Dist. Beed.
5. Babasaheb Bibishan Munde
age 29 years, occ. Agri. & Labour
r/o Tadsonna, Tq. & Dist. Beed. Petitioners
Versus
1. The State of Maharashtra
Through Police Station Offcer
Wadwani Police Station
Tq. Wadwani, Dist. Beed.
2. Sarjerao Bhanudas Alane
age major, occ. Agri
r/o Wadwani, tq. Wadwani
Dist. Beed. Respondents
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Mr. S.R. Shirsat, Advocate holding for Mr. N.V. Gaware, Advocate for
petitioners.
Mr. M.M. Nerlikar, APP for respondent No. 1.
Mr. P.R. Katneshwarkar, Advocate for respondent No. 2.
WITH
CRIMINAL APPLICATION NO. 3695 OF 2019
1. Sarjerao Bhanudas Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwni
Dist. Beed.
2. Udhav Yashwant Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
3. Narayan Sarjerao Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
4. Nagesh Sarjerao Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
5. Dr. Sitaram Laxman Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
6. Ashok Shreekishan Bagde
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
7. Shreekishan digambar Bagde
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
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Dist. Beed.
8. Laxman Bhanudas Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed.
9. Keshav Laxman Alane
age major, occ. Agriculture
r/o Wadwani, Tq. Wadwani
Dist. Beed. Applicants
Versus
1. The State of Maharashtra
Through the Incharge Police Station
Offcer, Police Station Wadwani
Tq. Wadawani, Dist. Beed.
2. Laxman Bhaskar Ware
age 33 years, occ. Doctor
r/o Circus Ground Shakari
Behind I.T.I. Wadwani
Tq. Wadwani Dist. Beed. Respondents
Mr.P.R. Katneshwarkar, Advocate for applicants.
Mr. M.M. Nerlikar, APP for respondent No. 1.
Mr. S.R. Shirsat, Advocate holding for Mr. N.V. Gaware, Advocate for
respondent No. 2.
CORAM : T.V. Nalawade &
M.G. Sewlikar, JJ.
DATE : 14th January, 2021.
ORAL JUDGMENT : ( Per T.V. Nalawade, J.)
1. Rule. Rule made returnable forthwith.
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2. By consent, heard both the sides for fnal disposal at
admission stage.
3. Criminal Writ Petition No. 1660/2019 is fled for
quashing of CR No. 98/2019 registered with Wadwani Police Station,
Tq. Wadawani, Dist. Beed for offence punishable under sections 307,
325, 143, 147, 148, 149 and 504 of the Indian Penal Code. The crime
is registered on the basis of report given by respondent No. 2 Sarjerao
Bhanudas Alane. In this matter, there is affdavit of Sarjerao
Bhanudas Alane.
4. Criminal Application No. 3695/2019 is fled for relief of
quashing of CR No. 97/2019 registered with Wadwani Police Station,
Tq. Wadwani, Dist. Beed, for offence punishable under section 324,
143, 147, 148, 149 and 504 of Indian Penal Code. The crime is
registered on the basis of report given by respondent No. 2-Laxman
Bhaskar Ware. In this matter, affdavit of respondent No. 2-Laxman
Bhaskar Ware is fled which is to the effect that the parties have
settled the dispute and they do not want to given evidence against
each other as they want to lead peaceful life in future.
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5. In aforesaid two matters, there are affdavits of persons
like Chakradhar Mundhe, Sitaram Alane, Uddhav Alane, Shrikishan
Bagde, Rameshwar Kanade and Sunita Ghuge.
6. Parties of both the proceedings are residents of the same
village and they have settled the dispute. This Court has gone
through the other record like nature of weapon used and injuries
caused. By way of precaution, this Court had asked learned APP to
ascertain the antecedents of the applicants. It was submitted by
learned APP that as against Ashok-applicant No. 6 in Criminal
Application no. 3695/2019, one case was registered in the year 2010
for offence punishable under Section 354 of the Indian Penal code. In
this regard, submission is made by learned counsel Shri Shirsat that
Ashok came to be acquitted in that case. In any case, in view of the
nature of offence alleged against him in the year 2010, this Court
holds that said circumstance need not be considered against him.
7. In view of these circumstances, this Court holds that
relief needs to be granted in both the proceedings. Hence the
following order :-
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ORDER
1. Criminal Writ Petition No. 1660/2019 and
Criminal Application No. 3695/2019 are allowed.
2. Relief is granted in terms of prayer clause 'B' in
Criminal Writ Petition No. 1660/2019 and, in Criminal
Application No. 3695/2019, relief is granted in terms of
prayer clause 'A'.
3. Aforesaid relief is subject to the condition that
the applicants and petitioners need to deposit amount
of Rs. 5,000/- each as cost which the State has
incurred for making investigation and as the cost of
the present proceedings. The amount be deposited
within four weeks from today. After deposit of the
amount, the same be credited in the account of High
Court Legal Services Authority, Sub-Committee at
Aurangabad.
4. If the amount is not deposited then it is to be
presumed that no relief is granted and the both the
matters are dismissed.
5. Rule made absolute in above terms.
( M. G. SEWLIKAR ) ( T.V. NALAWADE )
Judge Judge
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