1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1307 OF 2009 1) Amil s/o Tuljaram Phulwade and others. - APPICANTS VERSUS 2) The State of Maharashtra and Another - RESPONDENTS ***** Mr.A.S.Jondhale Advocate for Applicants Mrs.B.R.Khekale,APP for State. ----- WITH CRIMINAL APPLICATION NO.3038 OF 2009. 1) Anil s/o Tuljiram Phulwade and others. - APPLICANTS VERSUS 1) Rajendra s/o Nanusing Jadhav - RESPONDENT ___ Mr.Umakant Patil and Mr. SL Jondhale, Advocates for the applicants; Mr.S.M.Godsay, Advocate for Respondent. ___ CORAM : K.U.CHANDIWAL, J. DATE : 7th September,2009. PER COURT : . Rule, Rule made returnable forthwith, 2 with the consent of parties, the matter is finally heard. 2) Crime No.I-152/2009 for an offence under Sections 448, 342, 341, 384, 385, 353, 363, 486, 504, 506 r/w 34 of IPC, came to be registered at Police Station, Kranti Chowk, Aurangabad. 3) On 29th August, 2009, while arguing the matter it was informed to this Court (before the brother Judge) that the matter is worked out between the parties and they have decided to this effect, it was for maintaining good relations between them. The matter came to be adjourned to 5th September, 2009 and now today. 4) Both the counsel inform the complainant and the respective accused are present in the Court, identified by the counsel and the respective parties vouched for what they have stated on earlier date, i.e. 29th August, 2009 and also in Criminal Application No.3038/2009, effected before this Court, signed by Anil Phulwade. Annexed there with are the terms of compromise, which bear signature of all the accused as also the original complainant. The respective counsel still vouch that the terms of compromise recorded are alive. 5) The allegations referred herein above, though of quite grave nature, and Sections 353, 363, 384, 385 of Indian Penal Code could not be compounded, however, since the parties intend to 3 maintain harmony and good relations, they want to avoid bitterness of the relations and there is no other element involved in the matter. 6) The powers under Section 482 Cr.P.C. indicate to have its applicability in three situations, and which are broadly indicated by the Apex Court in several pronouncements and basically in the matter of R.P.Kapur Vs. State of Punjab ( AIR 1960 SC 866), wherein the Lordships have observed - (i) where it manifestly appears that there is a legal bar against the institution or continuance, e.g. want of sanction; (ii) Where the allegations in the First Information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii)where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge.” 7) In the subsequent pronouncement of the Apex Court in the celebrity Judgment in the matter of State of Haryana Vs. Bhajan Lal and Ors. - AIR 1992 SC 604. Seven categories to exercise the powers under Section 482 of Cr.P.C. were indicated. 8) It is well recognized by the Judgment in 4 the matter of State of A.P. Vs. Bajjoori Kanthaiah & Anr. - 2008 AIR SCW 7860, that the powers possessed by the High Court under Section 482 Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles.” 9) Reading the F.I.R., I find that the ingredients to invite infraction of Sections 353, 363, 384, 385 of Indian Penal Code, are hardly indicated. That apart, since the parties have repeatedly urging that they have worked out the matter, they do not wish to prosecute the same, this Court, in terms of Section 482 of Cr.P.C., feels it just to exercise the discretion. Hence, order. 10) Crime No.I-192/2009 registered at Kranti Chowk Police Station, Aurangabad for an offence under Sections 448, 342, 341, 384, 385, 353, 363, 486, 504, 506 r/w 34 of IPC, is quashed and set aside. 11) Rule made absolute in the aforesaid terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran1307.09