Judgment

Judgment

11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 577/2022

CRIMINAL APPLICATION (APL) NO. 577/2022

1]

1]

Ashish S/o Ashok Yadav Raghuvanshi

Ashish S/o Ashok Yadav Raghuvanshi, ,

Aged about 30 years, Occ. Private

Aged about 30 years, Occ. Private

R/o. Ganeshpeth Model Mill, Near

R/o. Ganeshpeth Model Mill, Near

Hanuman Mandir, Ganeshpeth, Nagpur

Hanuman Mandir, Ganeshpeth, Nagpur

2]

2]

Siddhesh Raju Tavre

Siddhesh Raju Tavre, ,

Aged about 22 years, Occ. Private

Aged about 22 years, Occ. Private

R/o. C/o. Nitin Deshpande, Ganeshpeth,

R/o. C/o. Nitin Deshpande, Ganeshpeth,

Vasti Near Minal Kolhe’s Hospital,

Vasti Near Minal Kolhe’s Hospital,

Ganeshpeth, Nagpur

Ganeshpeth, Nagpur

….

…. APPLICANT(S)

APPLICANT(S)

//

// VERSUS //

VERSUS //

State of Maharashtra

State of Maharashtra,,

Through P.S.O., Ganeshpeth Police Station,

Through P.S.O., Ganeshpeth Police Station,

Nagpur

Nagpur

….

…. NON-APPLICANT(S)

NON-APPLICANT(S)

*******************************************************************

*******************************************************************

Shri A.G. Hunge, Advocate for the Applicant(s)

Shri A.G. Hunge, Advocate for the Applicant(s)

Shri T.A. Mirza, APP

Shri T.A. Mirza, APP for the Non-applicant/State

for the Non-applicant/State

*******************************************************************

*******************************************************************

CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

APRIL 26

APRIL 26

, 202

, 202

22

ORAL JUDGMENT

ORAL JUDGMENT

: (PER:- AMIT BORKAR, J.)

: (PER:- AMIT BORKAR, J.)

ANSARI

ANSARI

Judgment

Judgment

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1]

Heard.

2]

RULE. Rule made returnable forthwith.

3]

By this Application under Section 482 of the Code of

Criminal Procedure, the Applicants are jointly challenging registration of

the F.I.R. No. 03/2022 registered with the Non-Applicant-Police Station

for the offences punishable under Sections 298, 384 and 506 of the

Indian Penal Code.

4]

The First Information Report came to be registered against

the Applicant No. 1 with the accusations that on 31/12/2021 around 11

pm, there was scuffle between the Applicant No. 1 and the Applicant

No. 2 and in the said scuffle, the Applicant No. 2 collided with iron

angle resulting in injury to the Applicant No. 2. During the pendency of

the investigation, the Applicants have mutually arrived at settlement.

The parties have placed on record the compromise deed below

Annexure-B wherein it is stated that the Applicants have agreed to live

peacefully in the same area and therefore they have decided to settle the

ANSARI

ANSARI

Judgment

Judgment

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matter. It is stated that the Applicants will maintain healthy relationship

towards each other.

5]

Today, both the Applicants are present in the Court. The

Applicant No. 2 stated that he does not want to continue with the

Prosecution against the Applicant No. 1 and he has no objection for

quashing the present proceedings against the Applicant No. 1.

6]

We have carefully considered the allegations in the First

Information Report and considering the nature of allegations, we are

satisfied that the essential ingredients of the offences alleged against the

Applicant No. 1 are not fulfilled. The substance of the allegations is that

there was scuffle resulting into fall of the Applicant No. 2 on the iron

angle. Since there is neither assault nor any forceful act done by the

Applicant No. 1, we are satisfied that the chances of conviction of the

Applicant No. 1 are bleak. The time saved by settling such matter can be

utilized for other genuine proceedings.

ANSARI

ANSARI

Judgment

Judgment

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