Bombay High Court
Asha W/O Padamakar Surkar vs State Of Mha. Thr. Pso Ps ... on 20 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
18.apl339.1248.2022.jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 339 OF 2021
Rajkumar s/o Sureshrao Maske,
Aged about : 36 years, Occu. Naik Police
Constable, M.I.D.C. Police Station, Nagpur, ... Applicant
R/o: Radke Layout, Balaji High School,
Hingana Road, Nagpur.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Police Station Hudkeshwar,
District : Nagpur.
...Non-applicants
2. Smt. Asha w/o Padmakar Surkar
Aged : 50, Occupation : Housewife,
R/o. Plot No.522, Old Basti, Manewada,
Besa Road, Nagpur.
WITH
CRIMINAL APPLICATION (APL) NO. 1248 OF 2022
Smt. Asha w/o Padamakar Surkar
Aged about 51 years,
Occupation - Housewife, ... Applicant
R/o. Plot No.522, Manewada Old Basti,
Besa Road, Nagpur.
Versus
1. State of Maharashtra,
Through its Police Station Officer,
Police Station Hudkeshwar, Nagpur,
District : Nagpur.
...Non-applicants
2. Rajkumar s/o Sureshrao Maske,
Aged about : 37 years, Occupation - Naik Police
Constable, M.I.D.C. Police Station, Nagpur,
R/o: Radke Layout, Balaji High School,
Hingna Road, Nagpur.
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18.apl339.1248.2022.jud.odt
Ms. U.P. Dable, Advocate for applicant in APL No.339/2021 and for
non-applicant No.2 in APL No.1248/2022.
Mr. V.A. Thakare, APP for non-applicant/State.
Mr. B.C. Chandrakapure, Advocate for non-applicant No.2 in APL
No.339/2021 and for applicant in APL No.1248/2022.
CORAM : VINAY JOSHI, AND
BHARAT P. DESHPANDE, JJ.
DATED : 20.04.2023.
ORAL JUDGMENT : (PER: Vinay Joshi, J.)
. Admit. Heard finally by the consent of the learned
counsel for the respective parties.
(2) Criminal Application (APL) No.339/2021, is filed by
one Rajkumar Maske, seeking to quash FIR in Crime No.82/2021,
registered with Police Station Hudkeshwar, Nagpur, for the offences
punishable under Sections 325, 504 and 506 of the Indian Penal Code,
on account of settlement. Whilst Criminal Application (APL)
No.1248/2022, is filed by one Asha Surkar, seeking to quash FIR in
Crime No.83/2021, registered with Police Station Hudkeshwar,
Nagpur, for the offences punishable under Sections 325, 504 and 506
of the Indian Penal Code along with related Charge-sheet No.31/2021,
on account of settlement.
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18.apl339.1248.2022.jud.odt
(3) The first Crime No.82/2021, is registered against
Rajkumar, at the instance of Asha Surkar, whilst another Crime
No.83/2021, was registered against Asha Surkar, at the instance of
Rajkumar Maske. Precisely, these are the cross cases against each
other. The allegations in first crime were pertaining to causing
grievous hurt by means of fist blows whilst in another crime, the
allegations are about abuses in filthy language coupled with hurt and
threat.
(4) The parties are resident of same area. With the
intervention of respectable members of the society, they have settled
the internal differences. Both have settled the matter and filed joint
compromise pursis stating about settlement and their no objection to
quash respective FIR. Both are present before us and identified by
their learned Advocates. Both have accepted about settlement and no
objection to quash the FIR.
(5) It reveals that out of some transaction, the
differences arose between the parties. The alleged offences are
basically about causing hurt which cannot be termed as heinous or
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18.apl339.1248.2022.jud.odt
serious one. Moreover, to maintain cordial relations, they have settled
the dispute. In the circumstances, the interest of justice would be sub-
served by disposing both cases on account of settlement. Having
regards to above fact, we deem it appropriate to invoke our inherent
jurisdiction.
(6) Both applications are allowed and disposed
accordingly. We hereby quash and set aside the FIR in Crime
No.82/2021, registered with Police Station Hudkeshwar, Nagpur, for
the offences punishable under Sections 325, 504 and 506 of the Indian
Penal Code. We also quash and set aside the FIR in Crime
No.83/2021, for the offences punishable under Sections 325, 504 and
506 of the Indian Penal Code along with related Charge-sheet
No.31/2021.
[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]
Prity
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