Ravindra Ashok Lasurkar vs Vilas Babulal Jaiswal
2024 Latest Caselaw 24938 Bom

Bombay High Court

Ravindra Ashok Lasurkar vs Vilas Babulal Jaiswal on 28 August, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:9890-DB




               Judgment                                               31 apl 1153.24

                                                 1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                             NAGPUR BENCH : NAGPUR.

                          CRIMINAL APPLICATION (APL) NO. 1153/2024

              1.   Ravindra Ashok Lasurkar,
                   Age 36 yrs., Occ. Business,
                   R/o. Bhootbangla Area, Shegaon,
                   Tah. Shegaon, Dist. Buldhana.


                                                           ...   APPLICANT
                                            VERSUS

              1.   Vilas Babulal Jaiswal,
                   age 72 yrs., Occ. Nil,
                   R/o. Bhootbangla Area, Shegaon,
                   Tah. Shegaon, Dist. Buldhana.
                   Mob. No. 7738579912.

              2.   State of Maharashtra,
                   through its P.S.O., Police Station,
                   Tah. Shegaon City,Dist. Buldhana.
                                                         ... NON-APPLICANTS
                                    ---------------------------------
                   Mr. Y.S. Nikam, Advocate with Mr. P. Thakur, Advocate for
                                              applicants.
                       Mr. N.B. Bargat, Advocate for non-applicant No.1.
                          Mr. S.S. Doifode, APP for non-applicant No.2
                                   ----------------------------------

                                    CORAM : VINAY JOSHI AND
                                            MRS. VRUSHALI V. JOSHI, JJ.
                                    DATE       : 28.08.2024.
 Judgment                                                   31 apl 1153.24

                                  2

ORAL JUDGMENT (PER: VINAY JOSHI, J.) :

Heard.

2. Admit.

3. This is an application seeking to quash charge-sheet arising

out of crime No. 80/2022 registered with Police Station Shegaon City,

Tah. Shegaon, Dist. Buldhana for the offence punishable under

Sections 324, 336, 427, 504, 506 of the Indian Penal Code on

account of settlement.

4. It is a dispute between the neighbours at the instance

compound wall. The parties have amicably settled the dispute out of

the Court. The settlement deed dated 12.08.2024 has been executed

between the parties. All of them decided to withdraw rival cases to

maintain peace and harmony. The son of informant Nileshkumar

Vilas Jaiswal is present who has been authorized by the informant to

settle the matter. He has filed affidavit of his father stating about

settlement and gave no objection to quash and set aside the

proceeding.

Judgment 31 apl 1153.24

5. We have gone through the nature of injuries which are

quiet simple. The alleged offence cannot be termed as heinous or anti-

social. Since the matter is settled, continuation of prosecution

amounts to abuse of the process of the Court.

6. In view of above, application is allowed. We hereby quash

and set aside charge-sheet arising out of crime No. 80/2022 registered

with Police Station Shegaon City, Tah. Shegaon, Dist. Buldhana for

the offence punishable under Sections 324, 336, 427, 504, 506 of the

Indian Penal Code on account of settlement.

7. Application stands dispose of in above terms.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Gohane

Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 03/09/2024 15:38:50