901.APL-1852-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1852 OF 2024 Saklesh Sidram Jadhav and Ors. ….Applicants Versus State of Maharashtra & Anr. ….Respondents ---- Mr. Priyal G. Sarda a/w. Mr. Shubham Sane, Ms. Seema Dighe and Mr. Rajesh Ranglani for the Applicants. Mr. R.M. Pethe, APP for Respondent No.1 - State. Mr. Rupesh Zade for Respondent No.2. ---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ. DATE : 22nd JANUARY, 2025 P.C. :- 1. The Applicants are before this Court with prayer clauses (a) and (b), which read thus : (a) The FIR No.700/2024 and further proceeding arising out of the said FIR registered with Fauzdar Chawdi Police Station, Solapur for the offences punishable U/s. 352, 3(5), 119(1), 118(2), 115(2) of BNS, 2023, be quashed and set aside; (b) Pending the hearing and final disposal of the present Application, Respondent No.1 may be directed to not to take any coercive action against the Applicants in FIR No.700/2024 registered with Fauzdar Chawdi Police Station, Solapur for the offence punishable U/s. 352, 3(5), 119(1), 118(2), 115(2) of BNS, 2023. Gauri Gaekwad 1 of 3 GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2025.01.24 10:57:37 +0530 901.APL-1852-2024.odt 2. Respondent No.2 was badly beaten up by the Accused until he became unconscious on the street with severe bleeding injuries on his head, loss of one tooth and tearing of his lips. The Accused had beaten him to such an extent that he fell unconscious and thereafter, they left. This victim now submits before us that he desires to settle the dispute between him and the Applicants. 3. Respondent No.2 had registered the FIR No.0700 of 2024, on 29th November, 2024 with the Fauzdar Chawdi Police Station, Solapur City. Respondent No.2 does not state that he has exaggerated his injuries and his suffering. Respondent No.2 does not resile from the contents of the FIR. The only statement is that he is agreeable to settle. 4. The learned APP submits that even on merits, the FIR does not deserve to be quashed. From the narration of the manner in which the Applicants have beaten and assaulted the Complainant, it is obvious that excessive force and aggression by the Applicants was the cause of the severe injuries. 5. In fact, Applicant No.2 was riding a scooter on the wrong side and there was an interaction between the Complainant Gauri Gaekwad 2 of 3 901.APL-1852-2024.odt and the said Accused, because the lady intercepted the Complainant and started quarreling with him. She then asked him to state the address of his residence. She made a call and that was the reason why Applicant Nos.1, 3 and 4 reached the site and clobbered the Complainant. One of them picked up a stone and hit the Complainant on his left leg causing grave injuries. After the Complainant fell down, they kicked him on his face resulting in the loss of a tooth and tearing of his lips. The FIR indicates that they pounded his chest with kicks and a stone was hit on his left leg. Owing to the bleeding injuries, he became unconscious. Thus, offences are clearly made out from the FIR. 6. The learned APP points out that two FIRs are earlier registered, one is against Applicant No.1 Saklesh Sidram Jadhav and the other is against Applicant No.3 Surajkumar Sidram Jadhav. 7. Considering the above, we are not inclined to entertain this Criminal Application for quashing of FIR. The Criminal Application is, therefore, dismissed. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad 3 of 3