1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4547 OF 2009 1. Shri Baliram Shinvar Patil, 2. Shri Vijay Vasant Patil, 3. Shri Raju Vasant Patil ...Applicants vs The State of Maharashtra ...Respondent Mr.Ganesh K. Gole for the Applicants. Mrs.P.P. Shinde, APP for the State. with CRIMINAL APPLICATION NO. 4544 OF 2009 1. Tulshiram Bhalchandra Patil, 1. Devraj Bhalchandra Patil, 3. Vishwanath Bhalchandra Patil ...Applicants vs The State of Maharashtra ...Respondent Mr.Hemant S. Deshpande for the Applicants. Mrs.H.J. Dedhia, APP for the State. 2 CORAM : V.M. KANADE, J. DATED : NOVEMBER 12, 2009 P.C. :- 1 Heard Counsel for the applicants in both the applications and APP for the State. 2 The applicants in Criminal Application No. 4547/2009 filed a complaint dated 20th July, 2009 in which he has stated that the applicants in Application no.4544 of 2009 had damaged his handcart where he was carrying the business of selling chinese food and had also tried to assault him and his son with swords and other lethal weapons. According to him, being afraid of the aforesaid incident, his son committed suicide by hanging himself in the house and therefore, offence under Sections 306, 354 read with 34 of the IPC was lodged against the present applicants in Criminal Application no.4544/2009. 3 3 On the other hand, sister-in-law of the applicants in Criminal Application No.4544 of 2009 lodged the complaint that her daughter Karishma committed suicide because deceased Kalpesh used to tease her daughter and that there was some altercation the two and the Kalpesh used to express his love towards Karishma. Thereafter, meeting was held between the two families on 19th July, 2009. However, nothing came out of the said meeting and the father of Kalpesh and his family members made allegation against Karishma and thereafter, both the parties departed and no decision could be taken in the said meeting. On the next day again in the morning, according to the complainant, Kalpesh tried to persuade Karishma to marry him. He also said that they should run away from the house and get married. Karishma, however, went home and committed suicide by hanging herself from the ceiling fan and therefore, her mother lodged the complaint against Kalpesh and his family members. It appears that now both the families have tried to resolve the dispute. 4 4 The learned Counsel for the applicants in Criminal Application No.4544/2009 and also the learned Counsel appearing for the applicant Baliram S. Patil in Criminal Application No.4547/2009 have stated that the parties have resolved the dispute and the allegations made in the complaint filed by Baliram S. Patil are not correct. It is submitted therefore, both the applications may be allowed. 5 Perusal of the complaint filed by Smt.Daya Madan Patil clearly reveals that the real reason for the Kalpesh committing suicide was the suicide by Karishma. Under these circumstances, therefore, both the applications are allowed. 7 The applicants in the event of their arrest in connection with C.R. Nos.93/2009 and 94/2009 registered with Bhiwandi Taluka Police Station, shall be released on bail on execution of their Personal Bond in the sum of Rs.5000/- each with one 5 or two sureties each in the like amount. The applicants shall report to the concerned police station as and when called. 8 The applications are disposed of. (V.M. KANADE, J.)