INDERCHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A. K. Choube, counsel for the applicants, Mr. D. B. Yengal, APP for respondent no. 1 and Mr. F. T. Mirza for respondent no. 2.

(2.) By this application, the applicants have prayed for to quash the F.I.R. No. M-l/2010, dated 16.06.2010 and also to quash the proceedings of criminal complaint case no.683/2009 and the proceedings of criminal complaint case No. 337/2010 and further prayed to discharge from the said case.

(3.) It is the case of the applicant that one Narayan Damdu Parise the father of the non-applicant no. 2 had filed a criminal complaint case no. 598/2007 in the Court of learned Chief Judicial Magistrate, Yavatmal alleging offence punishable under Section 323, 504, 506 and 34 of Indian Penal Code against Padamchand Mangilal Bafna and his two sons. It is the case of the applicant that Shrawan Narayan Parise who had gone to the field owned by Mr. Padamchand Mangilal Bafna about 6-7 years ago and received an electric shock from the motor pump and expired on the spot. In respect of that incident, Mr. Narayan Damdu Parise lodged a report against the Padamchand Mangilal Bafna which was registered as Criminal Complaint Case No. 207/1999, which was dismissed in default, as the complainant remained absent. The complainant had tried to restore the complaint, at that time, Mr. Padamchand Mangilal Bafna had assured to the complainant Mr. Narayan Damdu Parise that he would pay sum of Rs. 2,00,000/- and the complaint should not be restored, but the amount was not paid by Mr. Padamchand Mangilal Bafna as assured to the complainant. Thereafter, the complainant lodged a report at Yavatmal Police Station but police refused to take action on the ground that it is non-cognizable offence, thus, criminal complaint case no. 598/2007 was filed for alleged offence punishable under Section 323,504,506 read with 34 Indian Penal Code, in which process was issued against accused persons. In that complaint proceedings, Mr. Narayan Damdu Parise filed a pursis dated 12.06.2009, informing the Court that the matter is settled between the parties and sought to withdraw the complaint. Learned Chief Judicial Magistrate passed an order on 12.06.2009 and allowed the complainant Mr. Narayan Damdu Parise to withdraw the complaint on or about 12.06.2009.