Bombay High Court
Dhanraj S/O. Vasant Badge And Others vs The State Of Maharashtra And Anr on 15 October, 2018
Author: T. V. Nalawade
Bench: T.V. Nalawade, Vibha Kankanwadi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1359 OF 2018
1. Bhikubai w/o Bhagwan More,
Age: 45 years, Occu: Housewife,
2. Kailas Bhagwan More,
Age : 20 years, Occu: Agril.,
3. Vilas Bhagwan More,
Age: 25 years, Occu: Agri.,
4. Anil Narayan Gaikwad,
Age: 25 years, Occu. Agri.,
5. Manishabai Arun Shirsath,
Age: 50 years, Occu. Agri.,
6. Uday Ramesh More,
Age: 30 years, Occu. Agri.,
7. Bharat Abhimat Shirsath,
Age: 35 years, Occu. Agri.,
8. Kailas Abhimat Shirsath,
Age: 30 years, Occu. Agri.,
9. Prabhu Nana Chavare,
Age: 25 years, Occu. Agri.,
10. Vivek Anil Gaikwad,
Age: 30 years, Occu. Agri.,
11. Karan Arun Shirsath,
Age: 20 years, Occu. ........,
12. Ashabai Abhiman Shirsath,
Age: 20 years, Occu. ........,
13. Kuldeep Nana Karanje,
Age: 25 years, Occu. Agri.,
14. Manishabai Anil Gaikwad, .. Applicants
Age: 40 years, Occu. Household, (Original Accused)
All R/o. Chahardi, Tal. Chopada,
District Jalgaon.
VERSUS
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1. The State of Maharashtra,
Through Police Station Officer,
Chopada Police Station (City),
Tal. Chopada, District Jalgaon.
2. Indubai Vasant Badge,
Age 45 years, Occu. Household,
R/o. Chahardi, Tal. Chopada, .. Respondents
District Jalgaon. (Respondent No.2 -
Original complainant)
...
Mr. M. B. Sandanshiv, Advocate for Applicants.
Mr. S. J. Salgare, APP for Respondent No. 1.
Mr. Duryodhan N. Gilche, Advocate for Respondent No. 2.
...
WITH
CRIMINAL APPLICATION NO. 1306 OF 2018
1. Dhanraj w/o. Vasant Badge,
Age: 50 years, Occu: Agri.,
2. Seemabai Vasant Badge,
Age : 20 years, Occu: Agril.,
3. Indubai Vasant Badge, .. Applicants
Age: 45 years, Occu: Agri., (Original Accused)
All R/o. Chahardi, Tal. Chopada,
District Jalgaon.
VERSUS
1. The State of Maharashtra,
Through Police Station Officer,
Chopada Police Station (City),
Tal. Chopada, District Jalgaon.
2. Ashabai Abhiman Shirsath,
Age 45 years, Occu. Household,
R/o. Chahardi, Tal. Chopada, .. Respondents
District Jalgaon. (Respondent No.2 -
Original complainant)
...
Mr. Duryodhan N. Gilche, Advocate for Applicants.
Mr. S. J. Salgare, APP for Respondent No. 1.
Mr. M. B. Sandanshiv, Advocate for Respondent No. 2.
...
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CORAM : T.V. NALAWADE &
SMT. VIBHA KANKANWADI, JJ.
DATED : 15th OCTOBER, 2018.
ORAL JUDGMENT :- (Per : T. V. NALAWADE, J.)
Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the parties.
2. The Criminal Application No. 1359 of 2018 is filed for relief of quashing First Information Report No. 106 of 2017 registered with Chopda (City) Police Station, Taluka Chopda, District Jalgaon, for the offences punishable under Sections 354, 143, 144, 147, 352, 294, 109, 323, 504 and 506 of the Indian Penal Code (IPC).
3. The Criminal Application No. 1306 of 2018 is filed for relief of quashing First Information Report No. 105 of 2017 registered with Chopda (City) Police Station for the offences punishable under Sections 354-B, 324, 452, 323, 504 and 506 read with Section 34 of the IPC.
4. During the course of arguments in both the proceedings, affidavits of respondents-lady (first informant) came to be filed. Learned counsel for the parties submit that they are identified by their respective counsel and they are present before the Court. They have contended that they have settled the dispute, which have arrived due to politics and they have no objection to grant the relief claimed in both the proceedings. It is further submitted that "B" summary report in both the proceedings has been filed by the Investigating Officer, but the Court did not accept it and ordered for further investigation by the Investigating Officer.
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5. In view of the nature of allegations and as respondent No. 2- both ladies have filed their respective affidavits, giving consent for granting relief, this Court holds that relief needs to be granted in both the proceedings.
6. In the result, both the Criminal Applications are allowed in terms of prayer clause "B" thereof. Relief is accordingly granted.
7. Rule is made absolute in above terms in both the cases. ( SMT. VIBHA KANKANWADI, J.) ( T.V. NALAWADE, J. ) MTK ::: Uploaded on - 17/10/2018 ::: Downloaded on - 18/10/2018 01:13:42 :::