DURYODHAN SHALIGRAM HENDASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicants are seeking quashing of the First Information Report (for short 'FIR') in connection with Crime No.322/2021 registered with Police Station Pinjar, District Akola for the offence punishable under Ss. 143, 147, 324, 354, 506 of the Indian Penal Code (for short 'IPC') and under Sec. 3(2)(va), 3(1)(w)(i) and 3(1)(w) (ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').

(2.) The crime is registered on the basis of a report lodged by the informant namely Vishranti Vijay Pande against all the applicants on an allegation that on 3/11/2021 at around 11.00 a.m. to 12.00 noon, she was working in the field along with her husband Vijay Pande and they were working in their agriculture filed. At that time, the applicant No.1 picked the quarrel on the issue of boundary of agriculture land and caught hold of her husband and assaulted her husband, therefore, he has sustained the grievous injuries. It is further alleged that all the applicants formed the unlawful assembly and in furtherance of the common object of that assembly, assaulted her husband, due to which her husband has sustained the grievous injuries. It is further alleged that she was also assaulted by the applicants and the injured was also assaulted by fist and kick blows. On the basis of the said report, police have registered the crime against the present applicants. During the investigation, the Investigating Officer has recorded the relevant statements of the witnesses, collected the injury certificate and after completion of the investigation submitted the charge sheet against the applicants.

(3.) During the pendency of this application, the informant and the present applicants arrived at a settlement regarding the said incident. The cross-complaint is also filed and crime is registered vide Crime No.319/2021 for the offence punishable under Ss. 326, 504 and 506 of IPC and the consequent proceeding arising out of the same bearing RCC No.270/2022.