Bombay High Court
Manohar S/O Pandurang Yadgire vs State Of Maharashtra Thr Its Pso Ps ... on 19 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5827-DB
1 apl740.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.740/2025
1. Manohar S/o Pandurang Yadgire,
aged about 64 Yrs., Occu. Agriculturist.
2. Sargandhar S/o Shankar Yadgire,
aged about 66 Yrs., Occu. Agriculturist.
3. Gaurav S/o Manohar Yadgire,
aged about 33 Yrs., Occu. Agriculturist.
4. Dinesh S/o Manohar Yadgire,
aged about 48 Yrs., Occu. Agriculturist.
All R/o Tudgaon, Tah. Telhara,
Distt. Akola. ... Applicants
- Versus -
1. State of Maharashtra,
through its Police Station Officer,
Police Station, Telhara,
Tah. Telhara, Distt. Akola.
2. Madhuri W/o Shivdas Gawande,
aged about 40 Yrs., Occu. Housewife,
R/o Gajanan Nagar, Telhara,
Tah. Telhara, Distt. Akola. ... Non-applicants
-----------------
Mr. A.M. Tirukh, Advocate for the applicants.
Mr. Ujwal Phasate, A.P.P. for non-applicant No.1/State.
Mr. J.M. Gandhi, Advocate with Mr. U.V. Chakravarty, Advocate
for non-applicant No.2.
2 apl740.2025
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CORAM: ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19.6.2025.
JUDGMENT (Per Anil S. Kilor, J.)
Rule. Rule made returnable forthwith. Heard finally
by consent of learned Advocates for the parties.
2. By the present application, the applicants are praying
for quashing and setting aside the Charge-sheet No.103/2019
dated 4.11.2019 arising out of F.I.R. No.0221/2018 dated
4.8.2018 registered with Police Station Telhara, Distt. Akola for
the offence punishable under Sections 307, 143, 147, 323, 504
and 506 of the Indian Penal Code.
3. The learned Advocate for the applicants and the
learned Advocate for the non-applicant No.2 jointly made a
statement that the parties have amicably settled the matter and the
non-applicant No.2 does not want to prosecute the applicants.
Accordingly, an affidavit to that effect has been placed on record
sworn by the non-applicant No.2. The same is taken on record.
3 apl740.2025
The non-applicant No.2 in the affidavit stated that the applicants
and she belong to same caste and they are distant relatives of each
other. They want to lead a peaceful life and do not want to
indulge in court cases and further they decided to bury the
dispute and, therefore, they have settled the matter. The
complainant is present in the Court and she has been identified
by her Advocate and on interaction, she admits the fact of
settlement and further she expressed a desire not to prosecute the
applicants.
4. Though there is a settlement, it cannot be ignored
that the offence is registered under Section 307 of the Indian
Penal Code which is a serious offence. In the said backdrop, the
learned Advocate for the applicants has drawn attention of this
Court to the injury certificates which show that there are incised
wounds, those are on the arms and below elbow. Further it is
submitted that the complainant was hospitalized for 3 days and
thereafter she was discharged. It appears that there are injuries
4 apl740.2025
but they are not on the vital parts. Therefore, prima facie it is
doubtful whether Section 307 of the Indian Penal Code would be
attracted in this case. In the said backdrop, considering the fact
that the complainant herself does not want to prosecute the
applicants as she has stated in her affidavit, even if the trial is
conducted, in the circumstances, it would end in the acquittal of
the applicants and no fruitful purpose would be served. In other
words, in that eventuality, the whole exercise will be proved as
futile. In the circumstances, we are of the opinion that in the light
of the judgment in case of Gian Singh V/s State of Panjab and
another reported in 2012 (10 SCC 303 the application needs to
be allowed.
5. Since the parties have set the law in motion and after
lapse of long time they arrived at a settlement, therefore, as
requested by the learned A.P.P., in this situation, this Court may
impose certain costs. We find substance in such request. We
direct the applicants to deposit costs of Rs.21,000/- in the account
5 apl740.2025
of Uccha Nyayalay Chaturth Shreni Karmachari Sangh, Nagpur.
Accordingly, the application is allowed in terms of prayer clause
(i) which reads as follows:-
"(i) quash and set aside the charge-sheet No.103/2019 dated
04/11/2019 for the offence under Sections 307, 143, 147, 323,
504, 506 of Indian Penal Code, 1860 arising out of First
Information Report No.221/2018 dated 04.08.2018 registered by
the respondent No.1-Police Station, Telhara, Tah. Telhara,
District-Akola (Annex.A) as well as the Sessions Trial Case
No.65/2019 (State V/s. Manohar Yadgire and others) pending
before the learned Additional Sessions Judge, Akot, District Akola
which has been registered against the applicants pursuant to the
filing of chargesheet No.103/2019, in the interest of justice."
(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PS To Honourable Judge
Date: 24/06/2025 14:33:50
