HIGH COURT OF BOMBAY
AJAY S/O RAMESHLAL METHANI AND 3 OTHERS – Appellant
Versus
STATE OF MAH. THR. PSO PS GADGE NAGAR AMRAVATI DIST.AMRAVATI AND ANOTHER – Respondent
Judgment
Judgment
1
1
apl588.21.odt
apl588.21.odt
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. 588/2021
CRIMINAL APPLICATION (APL) NO. 588/2021
1]
1]
Ajay S/o Rameshlal Methani
Ajay S/o Rameshlal Methani,
,
Aged 24 years, Occ. Business,
Aged 24 years, Occ. Business,
2]
2]
Vijay @ Viju S/o Rameshlal Methani
Vijay @ Viju S/o Rameshlal Methani,
,
Aged 35 years, Occ. Business,
Aged 35 years, Occ. Business,
3]
3]
Ravi S/o Anandrao Methani
Ravi S/o Anandrao Methani,
,
Aged 30 years, Occ. Business,
Aged 30 years, Occ. Business,
4]
4]
Pawan @ Vishal Lalchand Methani
Pawan @ Vishal Lalchand Methani,
,
Aged 24 years, Occ. M.R.,
Aged 24 years, Occ. M.R.,
All R/o. Rampuri Camp, Jhulelal Lane,
All R/o. Rampuri Camp, Jhulelal Lane,
Amravati, Tq. & Dist. Amravati
Amravati, Tq. & Dist. Amravati
….
….
APPLICANT(S)
APPLICANT(S)
//
//
VERSUS //
VERSUS //
1]
1]
State of Maharashtra
State of Maharashtra,
,
Through P.S.O., P.S. Gadge Nagar,
Through P.S.O., P.S. Gadge Nagar,
Amravati, Dist. Amravati
Amravati, Dist. Amravati
2]
2]
Jaykumar Ramchandra Methani
Jaykumar Ramchandra Methani,
,
Aged 33 years, Occ. Business,
Aged 33 years, Occ. Business,
R/o. Rampuri Camp, Jhulelal Lane,
R/o. Rampuri Camp, Jhulelal Lane,
Amravati, Tq. & Dist. Amravati
Amravati, Tq. & Dist. Amravati
….
…. NON-APPLICANT(S)
NON-APPLICANT(S)
*******************************************************************
*******************************************************************
Shri P.V. Navlani, Advocate for the applicant(s)
Shri P.V. Navlani, Advocate for the applicant(s)
Shri S.S. Doifode, APP for the non-applicant no. 1
Shri S.S. Doifode, APP for the non-applicant no. 1
Shri V.S. Uberoi, Advocate for the non-applicant no. 2
Shri V.S. Uberoi, Advocate for the non-applicant no. 2
*******************************************************************
*******************************************************************
CORAM : V.M. DESHPANDE
CORAM : V.M. DESHPANDE
& AMIT B. BORKAR
& AMIT B. BORKAR
, JJ.
, JJ.
JULY 0
JULY 0
7
7
, 2021
, 2021
Judgment
Judgment
2
2
apl588.21.odt
apl588.21.odt
JUDGMENT
JUDGMENT
: (PER:- AMIT B. BORKAR, J.)
: (PER:- AMIT B. BORKAR, J.)
1]
Heard.
2]
RULE. Rule made returnable forthwith.
3]
This is an application under Section 482 of the Code of Criminal
Procedure challenging registration of F.I.R. No. 1416/2021 dated
14/05/2021 registered with the non-applicant no. 1 - Police Station for the
offences punishable under Sections 307, 323, 504, 506 and 34 of the Indian
Penal Code.
4]
The first information report came to be registered against the
applicants with the accusations that in an altercation between the applicants
and the non-applicant no. 2, the applicant no. 2 assaulted the non-applicant
no. 2 with iron pipe with an intention to kill the non-applicant no. 2. It is
also alleged that the other applicants assaulted the non-applicant no. 2 with
blows and fists.
5]
The applicants have therefore challenged registration of the first
information report by filing the present application. During the pendency of
the present application, the applicants and the non-applicant no. 2 have
mutually resolved their dispute. The non-applicant no. 2 has filed a
Judgment
Judgment
3
3
apl588.21.odt
apl588.21.odt
statement on oath by way of reply dated 16/06/2021. It is stated that due to
misunderstanding between the applicants and the non-applicant no. 2, cross
complaints were registered against the applicants and the non-applicant
no. 2. It is stated that the young members of the families have realized their
mistakes and have decided to resolve their dispute caused due to
misunderstanding. It is also stated that the non-applicant no. 2 does not want
to continue with his complaint against the applicants.
6]
It is true that the offe
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