1. Both these cases are taken up together at the joint request of learned advocates for the parties and to be disposed of accordingly.
2. In Criminal Misc. Application No. 5336 of 2012, following prayer is made:
"12(A) That this Hon'ble Court may be pleased to admit this Criminal Misc. Application.
(B) This Hon'ble Court may be pleased to allow this Criminal Misc. Application by quashing and setting aside the complaint filed at Annexure-A as CR No.I-12 of 2012 before Sojitra Police Station and also be pleased to quash the further proceedings arising out of the complaint."
3. In Criminal Misc. Application No. 5414 of 2012, following prayer is made:
"11(B) This Hon'ble Court may be pleased to allow this Criminal Misc. Application by quashing and setting aside the complaintfiled at Annexure-A as CR No.I-12 of 2012 before Sojitra Police Station and also be pleased to quash the further proceedings arising out of the complaint."
4. It is not in dispute that vide impugned CR in each of the applications the offences are under Sections 323, 436, 504, 506(2) and 114 of Indian Penal Code and Section 135 of Bombay Police Act.
5. In the backdrop of allegations between the two parties arising out of dispute pertaining to agricultural field, an amicable settlement is arrived at and in each of the application affidavit dated 13.4.2012 is filed by the complainant respectively adhering that the complainant has no objection if the dispute is taken up to logical end and complaint impugned in each of the cases is quashed and set aside. Learned advocate for the parties have placed reliance on the decision of the Apex Court in the cases of B.S. Joshi & Ors. v. State of Haryana [(2003) 4 SCC 675], Nikhil Merchant v. CBI [(2008) 9 SCC 677] and Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and submitted that a case is made out to exercise powers under Section 482 of the Code in each of the case.
6. Considering overall facts and circumstances and the decisions as above subjecting the parties to rigour of trial which unnecessarily cause undue hardship and considering the law as laid down and affidavit filed by the complainant in each of the cases and the nature of dispute, I am inclined to allow this application by exercising powers under Section 482 of the Code and the impugned complaint in each of the application is hereby quashed and set aside.
7. Order accordingly.
8. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top