21. cr appln 3849-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3849 OF 2010 Venkatesh Nagraj Devendra .. Applicant Vs The State of Maharashtra and Anr. .. Respondents Mr. C.K. Pendse for the Applicant Ms. A.A. Mane, APP for the State Mr. Sayed Zia for Respondent No. 2 CORAM : SMT. V.K. TAHILRAMANI, J DATE : 14th SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the applicant, learned advocate for respondent no. 2 and learned APP for the State. 2. The applicant is accused in C.R. NO. 157 of 2008 of Juhu Police Station. Said case is under Sections 142, 144, 147, 148, 149, 326, 506(2) and 427 read with 34 of IPC. He is seeking quashing of the said C.R. 3. Learned advocate for the applicant submitted that only one witness has implicated the applicant, i.e Respondent No. 2 Nithya Muthu Devendra. He further stated that incident took place on 15th May 2008 and in the first statement of respondent no. 2 recorded by the police, she has not stated 1 21. cr appln 3849-10.doc the name of the applicant nor has she attributed any role to the applicant. However, the name of the applicant came to be added in the said case on the basis of a letter dated 18th May 2008 written by respondent no. 2 to the police station. 4. Learned advocate for respondent no. 2 stated that the said letter was written under some misconception. He further stated that the dispute has been amicably settled between respondent no. 2 and the applicant and hence, proceedings in relation to the applicant be quashed. 5. On perusal of FIR and other papers in the present case, it is seen that three persons sustained injuries in the incident. The other two injured persons are not before this Court, hence, in my opinion, it is not a fit case for quashing as all aggrieved persons are not before the Court. However, liberty is granted to the petitioner to move for discharge before the learned trial Court. If the application for discharge is moved before the trial Court, the same be disposed of by the trial Court within a period of three months. 6. Application is disposed of with aforesaid liberty. [SMT. V.K. TAHILRAMANI, J.] 2 21. cr appln 3849-10.doc 3