1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1145 OF 2010 1. Narayan S/o Reshmaji Chitangire Age : 28 years, Occ : Agri., 2. Madan @ Sidrappa S/o Sambhaji Chitangire, Age : 30 years, Occ : Agri., 3. Munjaji S/o Sambhaji Chintangire Age : 28 years, Occ : Agri., All R/o Barepurwadi, Tq.Vasamat, Dist.Hingoli. ..Applicants -VERSUS- 1. The State of Maharashtra Through P.S. Kurunda, Tq.Vasamat, Dist.Hingoli. 2. Superintendent of Police, Dist.Hingoli. 3. Madhav S/o Ramchandra Kambale Age : 28 years, Occ : Labour, R/o Barepurwadi, Tq.Vasamat, Dist.Hingoli. ..Respondents ..... Mr.G.P. Shinde, Advocate for applicants. Mr.D.V. Tele, APP for respondent nos.1 and 2. Mr.S.J.Salgare, Advocate for respondent no.3 (original complainant) ..... (CORAM : SHRIHARI P. DAVARE,J.) DATED : 4th May, 2010. PER COURT: 1. Leave to amend para no.3 of the reply granted to respondent no.3. 2 2. Rule. Rule made returnable forthwith. By consent of learned counsel for respective parties, the matter is taken up for final hearing at the stage of admission. 3. Applicants (original accused) have filed present application seeking quashment of F.I.R. arising out of C.R. No. 19/2010 registered with Kurunda police station, Dist.Hingoli, for the offences punishable under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 323, 504 and 506 of Indian Penal Code. Accordingly, notices were issued to respondents and learned A.P.P. accepted notices for respondent nos.1 and 2 and Mr.S.J.Salgare appeared for respondent no.3 (original complainant) on notice. Respondent no.3 filed affidavit in reply today i.e. on 04.05.2010 and same is accepted and taken on record. 4. More particularly, it is stated in para no.2 of the said Reply that the relations between the parties have been reconciled and the said incident is waived by respondent no.3-original complainant. It is also stated in the said reply that parties have settled their dispute before Tanta Mukti Samittee of village Barepurwadi, Tq.Vasmat, Dist.Hingoli on 13.04.2010 in order to 3 maintain peace and tranquility in the village and to maintain good relations in the society. It is also stated in the said reply that complainant has filed a pursis before Judicial Magistrate, First Class on 15.04.2010 and he does not wish to prosecute the complaint because he has forgotten the incident and wishes to forgive to the accused persons. Hence, respondent no.3 (original complainant) requested to quash the F.I.R. arising out of C.R. No. 19/2010 dated 05.03.2010 registered with Kurunda police station lodged at his instance, as aforesaid. 5. Applicant no.1 namely; Narayan Reshmaji Chitangire i.e. original accused as well as respondent no.3-Madhav Ramchandra Kamble i.e. original complainant are present before Court today and they admitted that the dispute between the parties has been already settled. Respondent no.3-original complainant stated that he has no grievance against applicants i.e. original accused. It is further stated that, he does not want to prosecute his complaint lodged against applicants herein and requested to quash the same. 6. In the light of aforestated facts, there is no propriety as well as no special reason to continue with the prosecution of F.I.R. arising out of C.R. No.19/2010 dated 05.03.2010 registered at 4 Kurunda police station and therefore, interest of justice warrants that same deserves to be quashed invoking powers under Section 482 of Code of Criminal Procedure since the parties have settled their dispute inter-se as aforestated. 7. In the result, considering the contents of present application as well as considering the contents of reply filed by respondent no.3-original complainant, since the parties have settled their dispute inter-se as aforestated and respondent no.3- original complainant does not wish to prosecute the complaint furthermore, and therefore, there is no possibility of conviction of applicants, and hence, present application is allowed and F.I.R. arising out of C.R. No.19/2010 dated 05.03.2010 registered with Kurunda police station, Dist.Hingoli for the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 323, 504, 506 of Indian Penal Code stands quashed invoking the inherent powers under Section 482 of Code of Criminal Procedure. Rule is made absolute in the aforesaid terms. 8. Incharge of Kurunda police station, Tq.Vasmat, Dist.Hingoli be informed accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri1145.10