IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 15 CRIMINAL APPLICATION NO.956 OF 2025 1 Arjun Bhanudas Khadse, Age 45 yrs., Occ. Business, R/o Tembhurni, Tq. Jafrabad, Dist. Jalna. 2 Avinash Arjun Khadse, Age 22 yrs., Occ. Business, R/o Tembhurni, Tq. Jafrabad, Dist. Jalna. … Applicants … Versus … 1 The State of Maharashtra Through Police Station, Tembhurni, Tq. Jafrabad, Dist. Jalna. 2 Kantabai Lahu Kakade, Age 55 yrs., Occ. Labour, R/o Tembhurni, Tq. Jafrabad, Dist. Jalna. … Respondents ... Mr. N.S. Jaju, Advocate for applicants Mrs. Kalpalata B. Patil Bharaswadkar, APP for respondent No.1 Mr. V.S. Kakde, Advocate for respondent No.2 ... CORAM : SMT. VIBHA KANKANWADI & MANJUSHA DESHPANDE, JJ. DATE : 17th APRIL, 2025 2025:BHC-AUG:11377-DB 2 15_Cri.Appln_956_2025 ORDER : 1 Present application has been filed for quashment of First Information Report vide Crime No.257/2024 dated 17.12.2024 registered with Tembhurni Police Station, Tq. Jafrabad, Dist. Jalna, for the offence punishable under Sections 115(2), 118(1), 3(5), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at the best of respondent No.2. 2 Respondent No.2 is the member of Scheduled Caste and now he says that compromise has arrived at between him and applicants. Compromise terms have been filed on record. Those have been got verified through learned Registrar (Judicial) and he has submitted report on 07.04.2025 to that effect. Interestingly, though the parties claim that they are residing in the neighbourhood and due to petty dispute and misunderstanding and in sudden anger First Information Report has been lodged, however, the dispute has been resolved and they want to live peacefully. 3 When the offence is in respect of special enactment, this Court would be, in fact, slow in exercising powers under Section 528 of the 3 15_Cri.Appln_956_2025 Bharatiya Nagarik Suraksha Sanhita, 2023. However, yet, in the interest of the parties the facts can be considered. We have perused police papers and it appears that charge sheet came to be filed on 03.01.2025 before the Special Court, under the Atrocities Act, Jalna. In First Information Report the informant who appears to be an illiterate lady of 50 years old has stated that she resides with her three sons. Her son Amol works with applicant No.1. On 17.12.2024 around 7.00 to 7.30 p.m. when informant and her son Amol were proceeding towards house after making some purchases, they saw applicant No.1, who was sitting in hotel of one Sachin Maske. Amol asked the remaining amount of his work to applicant No.1, at that time, applicant No.1 asked him why he is demanding that amount and then insulted him by naming his caste and also threatened him. Applicant No.2, who is son of applicant No.1, came there with stick and assaulted Amol on his head, hands and legs. Injury to Amol was grievous. Informant was also assaulted when Amol became unconscious. Applicants left the spot. Amol was then taken to Government Hospital, Tembhurni where the First Information was lodged. Documents on record, especially in respect of injury certificate which was given by Rural Hospital, Tembhurni would show that he had sustained four simple injuries, however, taking into consideration the injury to head it appears that he was referred to Civil Hospital, Jalna. He was admitted there on 17.12.2024 to 19.12.2024. Medical case record i.e. the indoor patient 4 15_Cri.Appln_956_2025 record has been collected and even the discharge card is also collected. CT scan was done and taking into consideration the notings of HRCT temporal bone, no serious injury could be noticed inside the brain. Final certificate appears to have not been collected, but the fact remains is that he was required to be admitted for three days in Civil Hospital, Jalna. 4 Taking into consideration the scheme that has been introduced by the State Government for the benefit of members of Scheduled Castes and the the Scheduled Tribes, if any, offence is committed against them, in order to compensate the scheme gives compensation by stages. Now, in order to have a cross check we had also asked respondent No.2 to make a statement, as to whether he has received any amount of compensation. Learned Advocate says that he has not received. Learned APP submits that proposal was prepared on 31.01.2025, but it was not decided to award compensation in view of compromise. Under the pretext of then compromise the member should not utilize the said scheme for his or her benefit was the concern. 5 Though it is hard to believe that after such injury and treatment the First Information Report would have been the outcome of any petty dispute or it was due to misunderstanding it would have been lodged, but, now, the parties want to keep good relations and, therefore, we take this to 5 15_Cri.Appln_956_2025 be a fit case where we should exercise our powers under 528 of the Bharatiya Nagarik Suraksha Sanhita. However, since the machinery has been utilized, we impose cost on the applicants. Hence, following order. ORDER i) Criminal Application stands allowed. ii) The proceedings in charge sheet No.23/2025 dated 01.03.2025 pending before learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Jalna arising out of First Information Report vide Crime No.257/2024 dated 17.12.2024, for the offence punishable under Sections 115(2), 118(1), 3(5), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, stands quashed and set aside as against applicants viz. 1) Arjun Bhanudas Khadse and 2) Avinash Arjun Khadse, upon deposit of amount of Rs.25,000/- (Rupees Twenty Five Thousand only) each with the Registry i.e. the Committee consisting of Dr. Sanjay Warade, Medical Officer, Government Dispensary, High Court of Bombay, Bench at Aurangabad and learned Registrar (Administration), High Court of Judicature at Bombay, Bench at Aurangabad, on or before 02.05.2025. 6 15_Cri.Appln_956_2025 iii) Place the matter for compliance on 07.05.2025. iv) We clarify that if the amount is not deposited, as aforesaid, the case would stand revive. ( MANJUSHA DESHPANDE, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd