SHRIRAMCHANDRA RAMDAS KUNWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants (accused nos.6 and 7) have approached this Court under Sec. 482 of the Criminal Procedure Code with a prayer to quash and set aside the proceeding in R.C.C. No.3 of 2021 pending before the learned Judicial Magistrate First Class, at Majalgaon and also seeks further directions against respondent nos.1 to 4 to pay the compensation of Rs.10.00 Lakh to the applicants.

(2.) Respondent No.5 had filed Cri.M.A. No.562 of 2018 before the JMFC, at Majalgaon with prayer to issue directions under Sec. 156 (3) of the Cr.P.C. for registration of offence against accused persons named therein for offences punishable under Sec. 420, 465, 467, 468, 471, 120(b) r/w 34 of the Indian Penal Code.

(3.) In nutshell, it was contention of the respondent no.5 that he owns land gat no.11 admeasuring 2H 83 R as per sale-deed executed by the original owner Dhondabai Raut. Accused no.1 Janardhan Garje is unconcerned with the land, however, he indulged in obstructing possession of respondent no.5. Consequently, respondent no.5 approached Civil Court vide RCS No.32 of 2004 claiming relief of perpetual injunction against accused no.1. The suit was contested by accused no.1. Finally, it has been decreed against accused no.1. The appeal no.59 of 2014 filed by accused no.1 before the District Judge is also dismissed. Decree has attained finality.