Laxman @ Sandip Jannath Gade and Others Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

Laxman @ Sandip Jannath Gade and Others Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both Criminal Applications allowed in terms of prayer clauses (B) and (B-1), i.e. the prayers for quashing of F.I.R. Crime No.0990/2023 and consequential proceeding R.C.C. No.267/2024, and F.I.R. Crime No.0986/2023 and consequential proceeding R.C.C. No.278/2024, subject to payment of costs of Rs.25,000/- in each application to be deposited with the Court within one week, on deposit to be credited to the charitable Trust 'Snehwan'; leave granted to amend the prayer clauses to mention the R.C.C. Numbers within one week; applications listed for compliance on 28th June 2024.

Issue for consideration

Whether the F.I.R.s bearing Crime Nos.0990/2023 and 0986/2023 registered at Rahuri Police Station, District Ahmednagar, and the consequential criminal proceedings R.C.C. Nos.267/2024 and 278/2024 pending before the learned 2nd Jt. Civil Judge, J.D. & Judicial Magistrate, First Rahuri, should be quashed. +1 more

Court's answer

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 application, to be deposited with the Court within one week; on deposit of the amount of cost, the same is to be credited to the charitable Trust 'Snehwan'.

Ratio / Principle

Noting that there is no dispute that both sides are from the same family, and having perused the affidavits filed by both parties which categorically state that they have amicably settled the matter on the terms and conditions mentioned in their respective affidavits, the Court exercised its powers under Section 482 of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Coram R.G. Avachat and Neeraj P. Dhote, JJ., Order dated 20th June 2024 - Quashing of cross-case F.I.R.s between family members upon amicable settlement evidenced by affidavits. Cri.Appln. No.203/2024 by Vilas s/o Navnath Gade & ors. sought quashing of F.I.R. Crime No.0990/2023 (Rahuri Police Station, District Ahmednagar; offences under Sections 326, 324, 143, 147, 148, 149, 323, 504, 506 IPC) and consequential proceeding R.C.C. No.267/2024; Cri.Appln. No.212/2024 by Laxman @ Sandip s/o Jagannath Gade sought quashing of F.I.R. Crime No.0986/2023 (offences under Sections 143, 147, 148, 149, 323, 324, 504, 506 IPC) and consequential proceeding R.C.C. No.278/2024; both proceedings pending before the learned 2nd Jt. Civil Judge, J.D. & Judicial Magistrate, First Rahuri. Counsel submitted that the crimes were case and counter case between family members, fully settled amicably (civil disputes also settled), with affidavits filed by both sides; the A.P.P. opposed. Exercising powers under Section 482 CrPC, the Court allowed both applications in terms of prayer clauses (B) and (B-1), subject to payment of costs of Rs.25,000/- per application into the Court within one week, to be credited to the charitable Trust 'Snehwan'. Leave to amend prayer clauses to cite R.C.C. Numbers within one week; compliance listed for 28th June 2024.

2024:BHC-AUG:11318-DB

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

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.203 OF 2024

Vilas s/o Navnath Gade & ors. … APPLICANTS VERSUS

The State of Maharashtra & anr. … RESPONDENTS

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.

AND

CRIMINAL APPLICATION NO.212 OF 2024

Laxman @ Sandip s/o Jagannath Gade … APPLICANTS VERSUS

The State of Maharashtra & anr. … RESPONDENTS

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.

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

DATE : 20th JUNE, 2024

O R D E R :

At the request of learned counsel for applicants in

both the applications, leave to amend prayer clause

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

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

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.

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

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

:: 3 ::

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.

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

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 :-

O R D E R

(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

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

:: 4 ::

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 :

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

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

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

fmp/-