Bombay High Court
Bhaurao Ananda Gaikwad And 8 Others vs State Of Mah. Thr. Pso Ps Buldhana City ... on 24 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12118-DB
Judgment apl724.20
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 724/2020.
1.Bhaurao Ananda Gaikwad,
Aged 76 years, Occupation -Retired
Policemen, resident of Vaijinath Nagar,
Buldhana, Tq. And District Buldhana.
2.Annapurna Bhaurao Gaikwad,
Aged 68 years, Occupation -Household
resident of Vaijinath Nagar,
Buldhana, Tq. And District Buldhana.
3.Sudhakar Bhaurao Gaikwad,
Aged 37 years, Occupation - Police
Constable at Central Railway, Mumbai
and permanent resident of
Buldhana, Tq. And District Buldhana.
4.Sunil Bhaurao Gaikwad,
Aged 45 years, Occupation - Driver,
5.Savita Sunil Gaikwad,
Aged 40 years, Occupation Housewife,
6.Sadanand Bhaurao Gaikwad,
Aged 40 years, Occupation Service.
7.Rekha Gajanan Bangar,
Aged 42 years, Occupation Housewife.,
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Judgment apl724.20
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8. Gajanan Shankar Bangar,
Aged 47 years, Occupation Service,
Applicant No.4 and 8 residing at
Vaijinath Nagar, Buldhana,
Tq. And District Buldhana.
9.Kishor Baburao Dabhade,
Aged 48 years, Occupation Service,
residing at Police Colony, Buldhana
Tq. and District Buldhana. ... APPLICANTS.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Buldhana City,
Buldhana, District Buldhana.
2.Rupali Mohan Khanna,
Aged about 42 years, Occupation Assistant
Public Prosecutor, resident of Vaijinath Nagar,
Back side of Kadriya College,
Near Haji Malang Darga, Chikhli
Road, Buldhana, Tq. And District
Buldhana. . ... NON-APPLICANTS.
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Mr. V.D. Ruparelia, Advocate for Applicants.
Mr. A.Badar, A.P.P. for Non-applicant No.1.
Mr. N.B. Kalwaghe, Advocate for Non-applicant No.2.
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Rgd.
Judgment apl724.20
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CORAM : VINAY JOSHI AND
ABHAY J. MANTRI, JJ.
DATE : OCTOBER 24, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel appearing for the parties, the
matter is taken up for final disposal.
2. This is an application seeking to quash the first
information report bearing Crime No.557/2020 registered with
Buldhana City Police Station, Buldhana for the offence punishable
under Sections 307, 376, 511, 452, 354, 354-A, 354-B, 294, 323,
506, 143, 147, 149 of the Indian Penal Code, on account of
settlement.
3. It is informed that investigation is complete, but, charge
sheet has not been filed because of interim order of this Court. On the
basis of a report lodged by the informant/ lady aged 42 years, the
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Judgment apl724.20
aforesaid crime came to be registered. The parties are neighbouring
residents. The informant has made several allegations as to how
applicants used to harass her on and often. Particularly it is alleged
that on 05.07.2020 all applicants threatened, manhandled and raised
quarrel. At the relevant time some of the accused had torn her clothes
and thereby outraged her modesty. Moreover, some applicants/
accused have tried to press her neck, and therefore, the aforesaid
offence.
4. The parties being neighbouring residents, to maintain
peace and harmony have settled the dispute in entirety. It is brought
to our notice that applicant no.1 has also filed a rival complaint in
which also today parties are seeking to quash the prosecution, vide
Criminal Application No.434/2020. The informant has filed reply
stating about the settlement and her no objection to quash the
proceeding. The informant is personally present before the Court
and is identified by her Advocate. On query, she stated about the
settlement and no objection to quash the proceeding.
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5. Though there are several allegations about repeated
harassment and outraging of modesty of a woman, the grave charge is
of attempt to commit murder. We are quite aware that the offence
punishable under Section 307 of the Code, is serious one. However,
the mode and manner of the occurrence is required to take into
consideration. Apparently, neither any weapon was used, nor injury
has been caused to the informant. The allegation is about pressing
neck. The circumstances reveal that applicants who are 9 in number,
most of them are male, thus they could have achieved the target if
intended to kill. It reveals that it was a bitter dispute between the
neighbours, which took an ugly turn. Till date the parties are residing
in the neighbourhood. In the circumstances, quashing of the
prosecution on the basis of settlement would further to maintain
cordial relations and it would secure the ends of justice.
6. Learned A.P.P. has submitted that entire investigation is
complete and charge sheet is ready of which he has shown copy of the
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same. At this juncture, the learned Counsel for applicants would
submit that applicants would deposit sum of Rs.50,000/- towards
costs.
7. In view of above, Criminal Application is allowed and
disposed of.
The first information report bearing Crime No.557/2020
registered with Buldhana City Police Station, Buldhana for the offence
punishable under Sections 307, 376, 511, 452, 354, 354-A, 354-B,
294, 323, 506, 143, 147, 149 of the Indian Penal Code, is hereby
quashed and set aside.
8. Applicants shall deposit an amount of Rs.50,000/- with
High Court Bar Library, Nagpur on or before 11.11.2024. The
matter be listed for reporting compliance on 12.11.2024.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 25/10/2024 16:31:31
