Rupali Mohan Khanna And Another vs State Of Mah. Thr. Pso Ps Buldhana City ...
2024 Latest Caselaw 26608 Bom

Bombay High Court

Rupali Mohan Khanna And Another 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                                                 apl434.20

                                                  1


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


                          CRIMINAL APPLICATION [APL] No. 434/2020.

              1.Rupali Mohan Khanna,
              Aged about 42 years, Occupation A.P.P.,

              2.Vaishali Mohan Khanna,
              Aged about 38 years, Occupation BHMS

              Both resident of Vaijinath Nagar,
              Back side of Kadriya College,
              Near Haji Malang Darga, Chikhli
              Road, Buldhana.                               ...   APPLICANTS.


                                             VERSUS


              1.State of Maharashtra,
              through Police Station Officer,
              Police Station Buldhana City,
              Buldhana, District Buldhana.

              2.Bhaurao Ananda Gaikwad,
              Aged 75 years, Occupation Retired
              Police, resident of Vaijinath Nagar,
              Back side of Kadriya College,
              Near Haji Malang Darga, Chikhli
              Road, Buldhana.                         ...   NON-APPLICANTS.



              Rgd.
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                     ---------------------------------
            Mr. N.B. Kalwaghe, Advocate for Applicants.
            Mr. A.Badar, A.P.P. for Non-applicant No.1.
        Mr. V.D. Ruparelia, Advocate for Non-applicant No.2.
                    ----------------------------------


                           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.556/2020 registered with

Buldhana City Police Station, Buldhana for the offence punishable

under Sections 3[1][r] and 3[1][s] of the Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act, on account of

settlement.

Rgd.

Judgment apl434.20

3. It is informed that investigation is complete, but, charge

sheet has not been filed. It is the case of informant that on the

relevant day, date and time, applicants, neighbouring resident, have

abused them in the name of caste at public place and therefore, the

offence. It is brought to our notice that there was a rival criminal

prosecution, which has also been settled today (Criminal Application

No.724/2020).

4. Since the parties are neighbouring residents, to maintain

peace and harmony, they have settled the dispute. The informant has

filed reply stating about the settlement and no objection to quash the

proceedings. The informant is present before us and is identified by

his Counsel. On our query, the informant has stated that he has no

objection if the proceedings are quashed. The learned Counsel for

applicants submit that the applicants would deposit an amount of

Rs.5000/- towards costs.

5. Though provisions of Special Act have been invoked,

however, looking to the nature of accusation and the settlement

Rgd.

Judgment apl434.20

between the parties, we are inclined to invoke our inherent powers.

6. In view of that, Criminal Application is allowed and

disposed of.

The first information report bearing Crime No.556/2020

registered with Buldhana City Police Station, Buldhana for the offence

punishable under Sections 3[1][r] and 3[1][s] of the Scheduled Caste

and Scheduled Tribes (Prevention of Atrocities) Act, is hereby

quashed and set aside.

7. Applicants shall deposit an amount of Rs.5,000/- 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 16:58:03