1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3516 OF 2009 1. Dhansing S/o.Shamsing Jonwal, Age-41 years, Occu-Agriculturist, 2. Matulabai W/o.Dhansing Jonwal, Age-40 years, Occu-Agriculturist, 3. Ramchandra Naglot, Age-35 years, Occu-Agriculturist, All R/o.Varzadi, Taluka Gangapur, Dist. Aurangabad APPLICANTS VERSUS 1. The State of Maharashtra, Through Shillegaon Police Station, Taluka Gangapur, Dist. Aurangabad 2. Bhavsing Raising Naglot, Age-23 years, Occu-Labour, R/o.Village Pimpalwadi, Taluka and Dist. Aurangabad RESPONDENTS Mr.S.S.Deshmukh, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. Mr.M.P.Tripathi, learned counsel for respondent no.2. (CORAM : A.V.POTDAR, J.) DATE : 27/01/2010 ORAL JUDGMENT : 2 1. By the present application, the applicants have approached this Court u/s. 482 of The Cr.P.C. to quash and set aside the FIR dated 21st May 2009 bearing CR No.45/2009, registered in Shillegaon Police Station of Dist. Aurangabad against the present applicants and for the consequential reliefs. 2. Rule. 3. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission. 4. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State and also counsel appearing for original complainant, the 2nd respondent in the present application. It appears that the said offence came to be registered in Shillegaon Police Station on the complaint of one Bhausing Raysing about the incident occurred on 20/05/2009 that while removing the soil gathered due to rain water, some dispute arises between the applicants and complainant and at that time, the 2nd respondent sustained injuries. The complaint came to be lodged as the 2nd respondent sustained injuries due to the pickaxe and he loose his 2 teeth and sustained injuries on his forehead. It appears that, thereafter, after the notice was served on 2nd respondent, he filed an affidavit stating that while the triffling dispute was going on between himself and applicants, and when he went there, during that 3 scuffle, he fall on the pickaxe and due to that, he sustained injuries. Due to the contents of the affidavit, the very ingredient of section 326 of IPC to cause grevious injury intentionally defuses and if it is so, it appears that the parties have settled their dispute out of the Court and the complainant do not want to proceed against the applicants. If it is so, then the FIR which is lodged in Shillegaon Police Station at the instance of 2nd respondent, require to be quashed and set aside. 5. In the premise, CR No.45/2009, registered in Shillegaon Police Station dated 21/05/2009 and the investigation carried out on the basis of the said FIR is hereby quashed and set aside. Bail bonds of the applicants stand cancelled as applicant was released on bail. 6. Application succeed. Rule is thus made absolute as indicated above. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.3516-09