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2013 DIGILAW 455 (BOM)

Ravi s/o. Ramu Kalose v. State of Maharashtra

2013-02-26

A.B.CHAUDHARI, A.P.LAVANDE

body2013
JUDGMENT A. P. LAVANDE, J. :- Heard Mr. Dehspande, learned counsel for the applicants and Mrs. Joshi, learned Additional Public Prosecutor for the State/respondent. 2. Rule. By consent heard forthwith. 3. By this application, filed under section 482 of Criminal Procedure Code, the applicants 2 to 4 seek quashing of F.I.R. bearing Crime No.62/2011 lodged by applicant no.1 at Digras police station under Sections 147, 148, 149, 452, 504, 324, 325, 427, 336 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. 4. Offence has been registered by Digras police station against the applicants 2 to 4 pursuant to the F.I.R. lodged by applicant no.1. The applicants have filed individual affidavits stating therein that they want to compromise the matter in order to maintain good relations amongst themselves. All the four applicants are present in the Court who have been identified by Mr. Deshpande. Applicants state that they want to settle the dispute amongst themselves. 5. Mrs. Joshi, learned Additional Public Prosecutor, points out that pursuant to the said F.I.R. Chargesheet has been filed by Digras police in the Court of Judicial Magistrate First Class, Digras. 6. In our opinion settlement between the parties comes within the parameters laid down by the Apex Court in case of Gian Singh V/s. State of Punjab and another reported in 2012 (9) SCALE 257 : [2013 ALL SCR 171]. However, the fact remains that pursuant to the F.I.R. lodged by the applicant no. 1 the investigation has been carried out by the Digras police station and therefore all the applicants are responsible for consuming substantial time of police machinery for conducting investigation. Therefore, we deem it appropriate to impose costs of Rs. 10,000/- (Rs. Ten Thousand Only) on the applicants. 7. Subject to payment of costs of Rs.10,000/- by the applicants, the application is allowed and the F.I.R. filed by the applicant no. 1 against the applicants 2 to 4 and the consequential chargesheet are quashed. The costs of Rs.10,000/- shall be deposited in this Court within a period of four weeks. Upon deposit of costs, it shall be credited in favour of State of Maharashtra. It is made clear that in the event costs are not deposited within the stipulated period then this order shall stand recalled and the learned Magistrate shall proceed with the proceedings. Upon deposit of costs, it shall be credited in favour of State of Maharashtra. It is made clear that in the event costs are not deposited within the stipulated period then this order shall stand recalled and the learned Magistrate shall proceed with the proceedings. In the event the applicants produce a copy of the receipt disclosing the deposit of costs in this Court, the Magistrate, before whom the chargesheet is filed, shall pass an appropriate order in terms of this order. Ordered accordingly.