Don't waste your time in trial ,hostile etc..
Just file criminal application U/s. 482 before the High court for quashing of Proceedings as the matter is settle between the Parties, The complainant and accused both are required to be present before the court...
recently I have file cri. application for quashing in 307 offence also and I succeed.. proceedings are qushed by high court..
Just go through this judgement
crap5334.13
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5334 OF 2013
[Rajendra Murlidhar Shevale and ors. Vs State of Maharashtra and anr.];
CRIMINAL APPLICATION NO. 5335 OF 2013
[Sitaram Dagadu Dongare and ors. Vs State of Maharashtra and anr.];
CRIMINAL APPLICATION NO. 5337 OF 2013
[Shamrao Gangadhar Pimpale and ors. Vs State of Maharashtra and anr.];
CRIMINAL APPLICATION NO. 5339 OF 2013
[Sharad Sadashiv Shewale and ors. Vs State of Maharashtra and anr.];
CRIMINAL APPLICATION NO. 5341 OF 2013
[Shamrao Gangadhar Pimpale and ors Vs State of Maharashtra and anr.];
AND
CRIMINAL APPLICATION NO. 5342 OF 2013
[Bhanudas Namdeo Satpute and ors. Vs State of Maharashtra and anr.]
________________________________________________________
Office Notes, Office |
Memoranda of Coram, | Court's or Judge's orders
appearances, Court's |
orders or directions |
and Registrar's orders |
________________________________________________________
Shri R.V.Gore, advocate for the applicants
in Criminal Appln. Nos. 5334, 5337 & 5341 of 2013
Shri M.R.Sonwane, advocate for the applicants
in Criminal Appln.Nos. 5335, 5339 & 5342 of 2013
Smt. B.B.Gunjal, A.P.P. for respondent/State
in all Criminal Applications
Shri M.R.Sonwane, advocate for the resp.no.2
in Criminal Appln. Nos. 5334, 5337 & 5341 of 2013
Shri R.V.Gore, advocate for the resp.no.2
in Criminal Appln.Nos. 5335, 5339 & 5342 of 2013
...
CORAM : K.U.CHANDIWAL &
V.M. DESHPANDE, JJ.
DATED : 04.04.2014
2
PER COURT : 1]
Heard Shri R.V.Gore and Shri M.R.Sonwane, advocates
for respective applicants.
2] Three cases are lodged by clients of advocate Shri Gore
and simultaneously three cases are lodged by clients of
advocate Shri Sonwane against each other.
3] Parties of each of the group present before this court,
identified by respective counsel, supported with respective
identity proof.
4] Respective affidavits are also tendered. We have gone
through the six cases and specifically the medical certificates
of injured in rival cases.
5] Both the learned counsel, on instructions, inform that in
order to maintain harmony, peace and tranquility in the
village, the matter is amicably resolved by mediation, before
the Tanta Mukti Committee, the parties pouched to get rid of
prosecution against each other. It is informed, it was
aberration owing to village politics, that has been magnified
disproportionately.
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6] Having gone through the medical certificates, we find,
few of the injuries are simple in nature, in few cases there are
contusions and in one case injury is at head and another at
temporal region, in only one case, it is grievous injury.
7] Since parties, who are present before the court, have
agreed to resolve the controversy and dissolved their disputes,
we find it, a fit case to exercise our powers under Section 482
of the Criminal Procedure Code. This is more so, legal
position as now stand by Hon’ble Supreme Court is indicated
in the matter of Gian Singh vs State of Punjab [(2012) 10 SCC
303] , paragraph 61 thereof.
8] Conspectus of above facts illustrate, to quash and set
aside R.T.C. No. 517 of 2007, R.T.C. No. 150 of 2008, R.T.C.
No. 655 of 2013, R.T.C. No. 387 of 2013 pending before the
learned Judicial Magistrate, First Class at Ahmednagar; and
S.C.C. No. 69 of 2011 and S.C.C. No. 70 of 2011 pending
before the learned District and Sessions Judge, Ahmednagar.
These proceedings stand quashed and set aside. The bail
bonds of the respective accused/applicant are terminated.
Each of the applicants in the respective application to deposit
with High Court Legal Services SubCommittee,
Aurangabad
Rs.Two Thousand within four weeks.
4
9] All the applications disposed of.
