Criminal Application for quashing of FIR on grounds of amicable settlement was dismissed as withdrawn, though the court noted prima facie that settlement was not acceptable for offences impacting society.
Criminal Application dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 6056 OF 2016
(Kiran s/o Sahebrao Rathod Vs. The State of Maharashtra
and another)
Mr. Sushant B. Choudhari, Advocate for the applicant
Mr. S.B. Joshi, A.P.P. for the respondent/State
CORAM :S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : 27th October, 2016
PER COURT:
Heard the learned counsel for the applicant.
Perused the allegations in the FIR.
2.The contention of the learned counsel for the
applicant that the informant and the applicant are ready
for the amicable settlement and therefore, the FIR may
be quashed, cannot be considered. The incidents, as
alleged, have the impact on the society at large and
therefore, it is not proper to consider the prayer for
quashing the FIR on the basis of the proposed amicable
settlement. The said prayer stands rejected. We are
also not inclined to entertain this application on
merits since the allegations in the FIR clearly spell
out the ingredients of the offences alleged against the
criapln6056-2016
2
applicant.
3.At this stage, the learned counsel for the
applicant, on instructions, seeks liberty to withdraw
the application. The criminal application is dismissed
as withdrawn.
4.We make it clear that the observations made
hereinabove are prima facie in nature and the trial
Court should not get itself influenced by the said
observations.
npj/criapln6056-2016
Kiran s/o Sahebrao Rathod
The State of Maharashtra
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court