Bombay High Court
Shubham Nandkishor Lasurkar vs Vidya Vilas Jaiswal on 28 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9875-DB
Judgment 29 apl 1150.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1150/2024
1. Shubham Nandkishor Lasurkar,
age 24 yrs., Occ. Business,
R/o. Bhootbangla Area, Shegaon,
Tah. Shegaon, Dist. Buldhana.
2. Malu Nandkishor Lasurkar,
age 40 yrs., Occ. Housewife,
R/o. Bhootbangla Area, Shegaon,
Tah. Shegaon, Dist. Buldhana.
3. Abhay Nandkishor Lasurkar,
Age 22 yrs., Occ. Business,
R/o. Bhootbangla Area, Shegaon,
Tah. Shegaon, Dist. Buldhana.
4. Kamlabai Ashok Lasurkar,
Age 55 yrs., Occ. Housewife,
R/o. Bhootbangla Area, Shegaon,
Tah. Shegaon, Dist. Buldhana.
... APPLICANTS
VERSUS
1. Vidya Vilas Jaiswal,
Age 62 yrs., Occ. Housewife,
R/o. Bhootbangla Area, Shegaon,
Tah. Shegaon, Dist. Buldhana.
Mob. No. 7738579912.
Judgment 29 apl 1150.24
2
2. State of Maharashtra,
through its P.S.O., Police Station,
Tah. Shegaon, Dist. Buldhana.
... NON-APPLICANTS
---------------------------------
Mr. Y.S. Nikam, Advocate with Mr. P.S. Thakur, Advocate for
applicants.
Mr. N.B. Bargat, Advocate for non-applicant No.1.
Mr. S.S. Doifode, APP for non-applicant No.2
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CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 28.08.2024.
ORAL JUDGMENT (PER: VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ("FIR") vide crime No. 576/2023 registered with Police
Station Shegaon, Tah. Shegaon, Dist. Buldhana for the offence
punishable under Sections 323, 324, 504, 506 read with Section 34 of
the Indian Penal Code on account of settlement.
Judgment 29 apl 1150.24
4. It was 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 settle 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 mother stating about
settlement and gave no objection to quash and set aside the
proceeding.
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 FIR vide crime No. 576/2023 registered with Police
Station Shegaon, Tah. Shegaon, Dist. Buldhana for the offence
punishable under Sections 323, 324, 504, 506 read with Section 34 of
Judgment 29 apl 1150.24
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 12:51:11
