1. Heard Mr. A. K. Choube, counsel for the applicants, Mr. D. B. Yengal, APP for respondent no. 1 and Mr. F. T. Mirza for respondent no. 2.

2. By this application, the applicants have prayed for to quash the F.I.R. No. M-1/2010, dated 16.06.2010 and also to quash the proceedings of criminal complaint case no.683/2009 and the proceedings of criminal complaint case No. 337/2010 and further prayed to discharge from the said case.

3. It is the case of the applicant that one Narayan Damdu Parise the father of the non-applicant no. 2 had filed a criminal complaint case no. 598/2007 in the Court of learned Chief Judicial Magistrate, Yavatmal alleging offence punishable under Section 323, 504, 506 and 34 of Indian Penal Code against Padamchand Mangilal Bafna and his two sons. It is the case of the applicant that Shrawan Narayan Parise who had gone to the field owned by Mr. Padamchand Mangilal Bafna about 6-7 years ago and received an electric shock from the motor pump and expired on the spot. In respect of that incident, Mr. Narayan Damdu Parise lodged a report against the Padamchand Mangilal Bafna which was registered as Criminal Complaint Case No. 207/1999, which was dismissed in default, as the complainant remained absent. The complainant had tried to restore the complaint, at that time, Mr. Padamchand Mangilal Bafna had assured to the complainant Mr. Narayan Damdu Parise that he would pay sum of Rs. 2,00,000/- and the complaint should not be restored, but the amount was not paid by Mr. Padamchand Mangilal Bafna as assured to the complainant. Thereafter, the complainant lodged a report at Yavatmal Police Station but police refused to take action on the ground that it is non-cognizable offence, thus, criminal complaint case no. 598/2007 was filed for alleged offence punishable under Section 323, 504, 506 read with 34 Indian Penal Code, in which process was issued against accused persons. In that complaint proceedings, Mr. Narayan Damdu Parise filed a pursis dated 12.06.2009, informing the Court that the matter is settled between the parties and sought to withdraw the complaint. Learned Chief Judicial Magistrate passed an order on 12.06.2009 and allowed the complainant Mr. Narayan Damdu Parise to withdraw the complaint on or about 12.06.2009.

4. Thereafter, Dilip Narayan Parise (son of complainant Narayan Damdu Parise) lodged criminal complaint case no. 683/2009 on 21.11.2009 i.e. after about five months after the criminal complaint case was withdrawn by his father against the present applicants and six others under Section 417, 427, 120-B, 109 and 34 of Indian Penal Code and therein reiterated that on 29.05.2008, while his brother, Shrawan had been to mouza Parwa in a tank situated near the agricultural field of Mr. Padamchand Bafna, wherein a motor pump was installed by Mr. Padamchand Bafna to irrigate his own land and Shrawan received a shock and expired on the spot. The matter was reported to the police, but no action was taken against Bafna and it is further alleged by the complainant, Mr. Dilip Narayan Parise that this information of not taking cognizance against Mr. Padamchand Bafna, was within the knowledge of the accused no. 2, Bhimrao Maroti Avathare, upon whose guidance, a criminal complaint case no. 207/1999, was filed before the Judicial Magistrate First Class, Yavatmal, which was dismissed for absence of the complainant on 20.03.2001. Thereafter, it is alleged by the Dilip Narayan Parise in criminal complaint case no. 683/2009, that on 12.07.2006 while case for compensation for defamation was filed by Padamchand Bafna against some of the accused persons which came to be withdrawn after accused persons tendered unconditional apology. Thereafter, it appears that for alleged offence of cheating by father of the complainant, the complainant sought action against the accused persons and therefore learned Judicial Magistrate First Class, Court No. 3, Yavatmal sent the complaint for investigation under Section 156(3) o