Allowed

Kiran S/O. Shivraj @ Shivram Patil and Others v. the State of Maharashtra and Anr.

Bombay HC8 Aug 2018WP/719/2018

Case brief

AI extract

What is this about?

The High Court ordered quashing of two First Information Reports (FIRs) registered under IPC and the Prevention of Atrocities Act. The court held that since the dispute between village parties was settled via compromise and the accused were willing to live peacefully, the proceedings in both matters were disposed of via prayer clause 'C'.

What did the court decide?

Rule made absolute in terms of prayer clause 'C' in both writ petitions, granting quashing relief for the FIRs in question.

Kiran S/O. Shivraj @ Shivram Patil and Others Vs the State… — Caste Atrocities | Bombay HC (2018)

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Cr WP 719 & 720 18 J.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO. 719 of 2018

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1. Kiran s/o Shivraj @ Shivram Patil, Age 38 years, Occ. Agriculture, R/o. Nandra, Tq. Chalisgaon, Dist. Jalgaon.

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1. Chetan s/o Ravindra Patil, Age 22 years, Occ. Education, R/o. as above.

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1. Bablu @ Sharad s/o Bhaskar Patil, Age 26 years, Occ. Labour, R/o. as above.

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1. Ravindra s/o. Shivram Patil, Age 52 years, Occ. Agril. R/o. as above. ... Petitioners. VERSUS.

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1. The State of Maharashtra, Through Police Inspector Mehunbare Police Station, Tq. Chalisgaon, Dist. Jalgaon.

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1. Navnath s/o Shivaji Gangurde, Age 19 years, Occ. Labour, R/o. Nandra, Tq. Chalisgaon, Dist. Jalgaon. ... Respondents. .....

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Advocate for the petitioners : Mr. Thoke Dhananjay B. APP for the respondent/State : Mr. M.M. Nerlikar. WITH

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CRIMINAL WRIT PETITION NO. 720 OF 2018

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1. Navnath s/o Shivaji Gangurde, Age 21 years, Occ. Labour, R/o. Nandra, Tq. Chalisgaon, Dist. Jalgaon.

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1/3

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Cr WP 719 & 720 18 J.odt

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Machindra s/o Shivaji Gangurde, Age 23 years, Occ. Labour, R/o. Nandra, Tq. Chalisgaon, Dist. Jalgaon.

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VERSUS.

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1. The State of Maharashtra, Through Police Inspector Mehunbare Police Station, Tq. Chalisgaon, Dist. Jalgaon.

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Chetan s/o Ravindra Patil, Age 22 years, Occ. Education, R/o. Nandra, Tq. Chalisgaon, Dist. Jalgaon.

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.... Advocate for the petitioners : Mr. R.S. Shinde, h/f Mr. Nagorgoje P.N.

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APP for the respondent/State : Mr. M.M. Nerlikar.

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CORAM : T.V. NALAWADE &

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K. L. WADANE, JJ. DATE : 08^th AUGUST, 2018

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ORAL JUDGMENT : (PER T.V. NALAWADE, J.)

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Rule. Rule in both matters made returnable forthwith.

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Heard both sides and also learned APP, for final disposal.

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The first proceeding is filed for relief of quashing first information report No. 71/2017 registered with Mahunbare police station for the offences punishable under section 354, 323, 504, 506, 427 of the Indian Penal Code and under section 3(1)(x) 3(1)(xi) of the Schedule Caste and Schedule Tribes

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2/3

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Cr WP 719 & 720 18 J.odt (Prevention of Atrocities) Act. The second proceeding is filed for similar relief but for quashing of first information report No. 72/2017 registered with the same police station for the offences punishable under section 324, 392, 323, 504 of the Indian Penal Code. Learned APP submitted that subsequently section 307 of the Indian Penal Code came to be added in the FIR and so the case will be for section 307 of the Indian Penal Code also.

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This Court has seen the FIR of both the matters. The incident described by both the sides is dated 30.07.2017 and it took place at about 9 to 9.30 a.m. It can be said that the police want to file cross cases against two sides.

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Learned counsel for both the sides representing the accused submitted that the parties are from same village and they have settled the dispute and they want to live peaceful live. Accordingly, the affidavits are filed of both accused and first informant showing the terms of compromise in both the matters. All the accused persons mentioned in the first information report are there. The lady who is shown as witness in the first matter has also signed on the terms of settlement.

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In view of this circumstances, this Court holds that relief needs to be granted in both the matters. In the result, in both the matters, relief is granted in terms of prayer clause 'C'. Rule made absolute in those terms in both matters.

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(K. L. WADANE, J.)

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mkd

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Kiran S/O. Shivraj @ Shivram Patil and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Kiran S/O. Shivraj @ Shivram Patil and Others v. the State of Maharashtra and Anr.

Case brief

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What did the court decide?

What the court decided

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