Alhad S/O Ishwar Giradkar And 3 ... vs State Of Mah. Thr. Pso Ps Wardha ...
2022 Latest Caselaw 6082 Bom

                                                      912 APL 809.22.odt
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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                NAGPUR BENCH, NAGPUR.

        CRIMINAL APPLICATION (APL) NO.809 OF 2022




1.          Alhad s/o Ishwar Giradkar,
            Aged about : 33 years, Occ. Dentist.

2.          Ishwar S/o Ramchandra Giradkar
            Aged about: 65 years, Occ. Retired.

3.          Lata W/o Ishwar Giradkar
            Aged about: 60 years, Occ. Service,

4.          Bhushan S/o Ishwar Giradkar,
            Aged about: 37 years, Occ. Service,
            All R/o Plot No.114, Bhagwan Nagar,
            Bank Colony, Nagpur - 440044.               .... APPLICANTS


                                 // VERSUS //



1.          State of Maharashtra,
            through its Police Station Officer,
            Police Station Wardha, Distt.
            Wardha.

2.          Anagha w/o Alhad Giradkar,
            Aged about: 29 years, Occu. Dentist
            C/o Smt. Asha Rajnikant Dafade,
            'Shraddha', Shastri Chowk,
            Kumarappa Marg, Ward No.36
            Next to Kashyap Hospital,
            Wardha - 442001

                   ....
_______________________________________________________
Shri P.D. Meghe, learned counsel for the applicants.
Shri M.K. Pathan, learned APP for the non-applicant No.1
Shri D.R. Bhoyar, learned counsel for the non-applicant No.2.

____________________________________________________________
                                                 912 APL 809.22.odt
                                     /




          CORAM : SUNIL B. SHUKRE AND G. A. SANAP, JJ.

DATED:- 30/06/2022

ORAL JUDGMENT: (Per: SUNIL B. SHUKRE, J.)

1. Heard. Rule. Rule made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. Applicant No.1 and non-applicant No.2 are

personally present before the Court and they are identified by

their respective counsel. Both of them submit that there is an

amicable settlement voluntarily reached between them,

wherein it has been decided by them to withdraw the

allegations made by them against each other and the in-laws.

Non-applicant No.2 has particularly stated that she would have

no objection if the crime registered against all the applicants is

quashed and set aside. They also state that the settlement so

reached between them is voluntarily.

3. Shri M.K. Pathan, learned APP for non-applicant

No.1/State submits that an appropriate order be passed in the

matter.

4. Considering the nature of the allegations and what 912 APL 809.22.odt /

has subsequently transpired between the parties, we are of the

view that dispute between the parties is private and therefore,

as per the settled law, there should be no impediment in

accepting the submissions of the contentious parties.

5. Accordingly, the application is allowed and the

First Information Report vide Crime No.961/2021 registered at

Police Station Wardha is hereby quashed and set aside subject

to the condition that applicants shall, jointly and severely,

deposit as cost an amount of Rs.40,000/- out of which, an

amount of Rs.20,000/- shall be deposited in the account of

Central Prison, Nagpur and remaining amount of Rs.20000/-

shall be deposited in the account of District Prison, Wardha for

the purpose of development of library for jail inmates, within

two weeks from the date of the order, failing which this order

shall stand cancelled automatically without any further

reference to this Court and this application shall stand restored

for taking further action in the matter.

6. Rule is made absolute in the above terms. No costs.

               JUDGE                                        JUDGE
manisha
                                     912 APL 809.22.odt
                                /




Signed By:MANISHA ALOK
SHEWALE


Signing Date:02.07.2022 15:14