Allowed

Vilas So Navnath Gade and Othrs v. the State of Maharashtra through Investigation Officer Rahuri Police Station Tq Rahuri Dist Ahmedna

Bombay HC20 Jun 2024APPLN/203/2024

Case brief

AI extract

What is this about?

The High Court of Bombay Bench at Aurangabad allowed two criminal applications for quashing of FIRs filed between family members in a case and counter case scenario. The court noted the amicable settlement and exercised its powers under Section 482 CrPC, subject to the payment of costs to a charitable trust.

What did the court decide?

Both criminal applications allowed subject to payment of Rs.25,000/- costs to a charitable trust within one week.

Vilas So Navnath Gade and Othrs Vs the State of… — Criminal Trial and Appeal | Bombay HC (2024)

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2024:BHC-AUG:11317-DB

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Cri.Appln.No.203/2024 with Cri.Appln.No.212/2024

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:: 1 ::

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.203 OF 2024

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Vilas s/o Navnath Gade & ors. … APPLICANTS

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VERSUS

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The State of Maharashtra & anr. … RESPONDENTS

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Mr. H.U. Dhage, Advocate for applicants Mr. G.A. Kulkarni, A.P.P. for respondent No.1. Mr. D.R. Adhav, Advocate for respondent No.2.

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AND

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CRIMINAL APPLICATION NO.212 OF 2024

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Laxman @ Sandip s/o Jagannath Gade … APPLICANTS VERSUS

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The State of Maharashtra & anr. … RESPONDENTS

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Mr. D.R. Adhav, Advocate for applicants Mr. G.A. Kulkarni, A.P.P. for respondent No.1. Mr. H.U. Dhage, Advocate for respondent No.2.

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CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

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DATE : 20th JUNE, 2024

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O R D E R :

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At the request of learned counsel for applicants in

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both the applications, leave to amend prayer clause

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Cri.Appln.No.203/2024 with Cri.Appln.No.212/2024

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:: 2 ::

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mentioning R.C.C. Number in both the applications. Amendment to be carried out within one week.

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Criminal Application No.203/2024 is filed for quashing F.I.R. bearing Crime No.0990/2023, registered at Rahuri Police Station, District Ahmednagar for the offence punishable under Sections 326, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and consequential criminal proceeding bearing R.C.C. No.267/2024 pending before the learned 2nd Jt. Civil Judge, J.D. & Judicial Magistrate, First Rahuri, District Ahmednagar. Criminal Application No.212/2024 is filed for quashing F.I.R. bearing Crime No.0986/2023, registered at Rahuri Police Station, District Ahmednagar for the offence punishable under Sections 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and consequential criminal proceeding bearing R.C.C. No.278/2024, pending before the learned 2nd Jt. Civil Judge, J.D. & Judicial Magistrate, First Rahuri, District Ahmednagar.

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It is submitted by learned Advocates for applicants in both the applications that, both the sides are the family members and the aforesaid Crimes are the case and counter case. It is submitted that, the parties have amicably settled the

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Cri.Appln.No.203/2024 with Cri.Appln.No.212/2024

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:: 3 ::

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matter and accordingly they have submitted on record the affidavits from both the sides. They submit that, even the civil disputes between them have been amicably settled. They submit that the applications be allowed.

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Learned A.P.P. opposes the applications. He submits that, considering the nature of crime, the applications be rejected.

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There is no dispute that both the sides are from the same family. We have perused the affidavits filed by both the parties which are on record. They have categorically stated that they have amicably settled the matter on the terms and conditions mentioned in their respective affidavits. Considering these aspects, we exercise our powers under Section 482 of the Code of Criminal Procedure and proceed to pass the following order :-

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O R D E R

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(i) Both the Criminal Applications are allowed in terms of prayer clauses (B) and (B-1), subject to payment of costs of Rs.25,000/- (Rupees twenty five thousand) in each of the application, to be deposited with this Court within a period of

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Cri.Appln.No.203/2024 with Cri.Appln.No.212/2024

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:: 4 ::

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one week. On deposit of the amount of cost, the same be credited to the charitable Trust, “Snehwan”, the Account details of which are as under :

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Bank name : State Bank of India Account Name : Snehwan Branch : Pimpari town Account Number : 35517151681 IFSC Code : SBIN0005923

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List the applications for compliance of this order on 28th June 2024.

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(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.)

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fmp/-

Vilas So Navnath Gade and Othrs v. the State of Maharashtra through Investigation Officer Rahuri Police Station Tq Rahuri Dist Ahmedna

Case brief

What is this about?

What did the court decide?

Vilas So Navnath Gade and Othrs v. the State of Maharashtra through Investigation Officer Rahuri Police Station Tq Rahuri Dist Ahmedna

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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