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2019 Supreme(Bom) 1039

T.V.NALAWADE, K.K.SONAWANE
Yogesh @ Yogi Chandralal Bajaj – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Prakash S Paranjape, Adv., D.R. Kale, Adv.

JUDGMENT :

K.K. Sonawane, J.

1. Heard. Rule. Rule made returnable forthwith. By consent of parties, matter is heard finally at the stage of admission.

2. The point in controversy in both these petitions are centered on the issue of quashing the Criminal Proceeding in exercise of inherent powers under section 482 of Cr.P.C. on the ground of compromise arrived at between the accused and complainant. Therefore, these two allied petitions are decided on merit by this common judgment.

CRIMINAL WRIT PETITION NO. 615 OF 2018.

3. The petitioners preferred the present petition to quash the criminal proceeding Crime No. 273 of 2017 registered against them under Sections 307, 143, 147, 149, 504 and 506 r/w. 34 of IPC and Sections 4 and 25 of the Arms Act at Dhule City P.S. On 1.12.2017.

Facts leading to present petition are that :-

4. The First informant - Kanhaiyalal Peshuram Arora, filed report that on 30.11.2017 in the night hours at about 9.30 to 10.00 p.m., he accompanied with his wife Rinka were proceeding towards the bridge from School No. 58 located in Samata Nagar. He had seen the petitioner - Yogesh Chandralal Bajaj sitting near the school. The petitioner - Yogesh started hurling abuses to

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