2013 ALL MR (Cri) 1260
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
P.V. HARDAS AND A.P. BHANGALE, JJ.
Devidas Ramadhan Rathod & Ors. Vs. State Of Maharashtra
Criminal Application (Apl) No. 633 of 2012
6th November, 2012
Petitioner Counsel: Mr. F.T. MIRZA
Respondent Counsel: Mr. T.A. MIRZA
Criminal P.C. (1973), S.482 - Penal Code (1860), Ss.142, 147, 148, 149, 323, 326, 294, 506, 448 - Quashing of FIR - Parties to the dispute arrived at amicable settlement and do not wish to proceed further with case - Trial would not result in conviction in any of the case - FIR quashed. (Para 4)
2. By this application under Section 482 of the Code of criminal Procedure, the applicants who are complainant and accused, seek quashing of First Information Report dated 4.9.2012 on the basis of which offences vide Crime No. 133/2012 had been registered under Sections 142, 147, 148, 149, 323, 326, 294, 506 and 448 of the Indian Penal Code by Police Station, Mangrulpeer, District Washim.
3. Applicant no. 1 is the complainant who had lodged the First Information Report while applicants no. 3 to 6 are the accused. Applicant no. 2 is an injured witness who had sustained the injuries at the time of the incident.
4. Be that as it may, by this application, the applicants pray for quashing of the aforesaid First Information Report on the ground that the parties to the dispute have arrived at an amicable settlement of their dispute and they do not wish to proceed further with the case. Since the dispute has been settled, according to us, the outcome of the trial is settled as the trial would not result in conviction in any of the case. The parties to this application have filed individual affidavit evidencing settlement of the dispute and they desire not to proceed with the trial. In that light of the matter, therefore, we allow this application.
5. Accordingly, the application is allowed and First Information Report dated 4.9.2012 on the basis of which offences vide Crime No. 133/2012 had been registered under Sections 142, 147, 148, 149, 323, 326, 294, 506 and 448 of the Indian Penal Code by Police Station, Mangrulpeer, District Washim, is hereby quashed. In the circumstances, there shall be no order as to costs.