Partly allowed

Rekha W/O. Bhausaheb Jare and Anr. v. the State of Maharashtra and Anr.

Bombay HC14 Nov 2019APPLN/2722/2019

Case brief

AI extract

What is this about?

This court allowed two criminal applications for quashing FIRs registered for IPC offences. The high court held that since the parties settled the dispute and respondents filed affidavits stating they would not testify, the applications would be allowed subject to the applicants depositing a fine of Rs. 10,000 each.

What did the court decide?

Relief of quashing of FIRs granted subject to deposit of Rs. 10,000 by applicants in each proceeding within 15 days to the High Court Legal Services Authority. Failure to deposit results in dismissal.

Rekha W/O. Bhausaheb Jare and Anr. Vs the State of… — Writ and Judicial Review | Bombay HC (2019)

¶1

( 1 ) criapln2722.19

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

CRIMINAL APPLICATION NO. 2722 OF 2019

¶4

1.	Rekha W/o. Bhausaheb Jare, ...APPLICANTS Age-37 years, Occu-Social Work,
2.	Runal S/o. Bhausaheb Jare, Age-22 years, Occu- Fitness Trainer,
	Both R/o. Plot No. 304, Shantiban Apartment Shani Chowk, Court Lane, Ahmednagar, Tq. & Dist. Ahmednagar
	VERSUS
1.	The State of Maharashtra, ...RESPONDENTS Through its Investigation Officer, Kotwali Police Station, Ahmednagar, Tq. & Dist. Ahmednagar
2.	Mangal W/o. Vilas Bhujbal, Age-36 years, Occu-Housewife, R/o. Agarkar Mala, Station Road, Ahmednagar, Tq. & Dist. Ahmednagar
Mr. Mr. Mr.	Narayan B. Narwade, Advocate for the applicants A. R. Kale, APP for the respondent/State D. R. Markad, Advocate for respondent No. 2 WITH CRIMINAL APPLICATION NO. 2961 OF 2019
1.	Vilas S/o. Chandrakant Bhujbal, ...APPLICANTS Age-45 years, Occu- Service, R/o. Agarkar Mala, Station Road, Ahmednagar
2.	Mangali W/o. Vilas Bhujbal, Age-37 years, Occu-Service and Social Work,

¶5

( 2 ) criapln2722.19

¶6

Resident of Agarkar Mala, Station Road, Ahmednagar

¶7

VERSUS

¶8

The State of Maharashtra, ... RESPONDENTS Kotwali Police Station, Ahmednagar, Tq. & Dist. Ahmednagar

¶9

Rekha W/o. Bhausaheb Jare, Age-37 years, Occu-Social Work, R/o. Shantiban Apartment, Flat No. 304, Shani Chowk, Court Lane, Ahmednagar

¶10

CORAM : T. V. NALAWADE & S. M. GAVHANE, JJ. DATE : 14-11-2019

¶11

ORAL JUDGMENT [PER: T. V. NALAWADE, J. ]

¶12

. Rule. Rule made returnable forthwith. With the consent of parties the matter is heard finally.

¶13

Criminal application No. 2722 of 2019 is filed for relief quashing of FIR bearing No. 1086 dated 29-07-2019 registered with Kotwali Police Station, Ahmednagar for the offences punishable under Sections 452, 323, 504, 506, 427 read with Section 34 of the Indian Penal Code and second Criminal Application No. 2961 of 2019 is filed for relief of quashing of FIR bearing No. 1084 of 2019 dated 28-07-2019 registered with Kotali Police Station, Ahmednagar for the offences punishable under Sections 452, 323, 504, 506 read with Section 34 of the Indian Penal Code.

¶14

( 3 ) criapln2722.19

¶15

During the arguments the learned counsels for the applicants in both the proceedings submitted that the parties have settled the dispute and respondents No. 2 from both the proceedings have filed affidavits to that effect. There are affidavits of informants filed in two proceedings showing that they have settled the dispute and both the informants have no intention to give the evidence against the applicants in both the proceedings.

¶16

Learned APP today submitted that as against Rekha from proceeding No. 2722 of 2019 Crime for the offence punishable under Section 500 of the IPC was registered in the past and it is bearing No. 1170/2019 at Tofkhana Police Station, Nagar and in Bhingar Camp Police station Crime No. 108/2018 under Section No.353. The State has opposed the application.

¶17

In view of the nature of allegations and as the parties are now settling the dispute, to avoid further dispute, this court hods that relief needs to be given but subject to some condition.

¶18

In the result, following order is passed:

¶19

ORDER

¶20

I. Both the applications are allowed.

¶21

II. Relief is granted in both the applications in terms of prayer clause (B) subject to deposit cost of Rs. 10,000/- in each proceedings by the applicants. The

¶22

( 4 ) criapln2722.19

¶23

cost amount is to be deposited in High Court Legal Services Authority, Sub-Committee, Aurangabad within fifteen days from today. If cost is not deposited it is to be presumed that both the proceedings are dismissed.

¶24

III. Rule is made absolute in those terms.

¶25

[ S. M. GAVHANE, J. ] [ T. V. NALAWADE, J.]

¶26

VishalK/criapln2722.19

Rekha W/O. Bhausaheb Jare and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rekha W/O. Bhausaheb Jare and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Prakash S/O. Dhoman Salunke (Patil) Vs the State of Maharashtra and Anr.

Shaikh Saddam S/O. Sattar and Others Vs the State of Maharashtra and Anr.

Santosh S/O. Appa Sathe and Anr. Vs the State of Maharashtra and Anr.

Swapnil S/O. Kisan Gawali Vs the State of Maharashtra and Anr.

Yuvraj S/O. Sheshrao Ranveer and Others Vs the State of Maharashtra and Anr.

Ganesh S/O. Suresh Gapat and Others Vs the State of Maharashtra and Anr.