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2026 DAILYLAW 20587 (BOM)

RAJU ALIAS RAJIV MANIKA GUTTE AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2673/2026 · 2026-10-08

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Judgment text

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1 942.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 942 CRIMINAL APPLICATION NO. 2673 OF 2026 RAJU ALIAS RAJIV MANIKA GUTTE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for the Applicant : Mr. Sachin Subhash Panale APP for Respondent/State : Mr. V.K. Kotecha Advocate for Respondent No.2 : Ms. Prerna M. Kharat … CORAM : HITEN S. VENEGAVKAR, J. DATE : 08.10.2026 PER COURT : . Heard learned Advocate for the applicants, learned APP for State and learned Advocate appearing for respondent No.2. 2. Learned Advocates jointly submit that other injured persons are also present in the Court. The present application is filed seeking quashment of First Information Report in Crime No.437 of 2024 registered with Kandhar Police Station, District Nanded for offences punishable under Sections 109,115 (2), 118 (1), 118 (2), 189 (2), 190 of Bharatiya Nyaya Sanhita, 2023 alongwith Charge-sheet and consequently R.C.C. No.267 of 2025 pending before the learned JMFC, Kandhar, District Nanded and Juvenile Case No.16 of 2026 pending before the Principal Magistrate, Juvenile Justice Board, Nanded alongwith consequential orders passed therein. 3. Learned Advocate for the applicants submits that the applicants 2 942.doc have amicably resolved the dispute with respondent No.2 and the injured persons in the offence. He submits that, respondent No.2 and one of the injured namely, Vyankati Ghuge had appeared and got settlement and credentials verified. However, other injured namely, Muktabai Ghuge, who happen to be the wife of Vyankati did not appear before the Registrar on the date when the verification took place. However, he tenders an affidavit in terms of the minutes of the compromise entered between the parties. The said Muktabai Ghuge is present in the Court today. Learned Advocate submits that the compromise pursis which is filed on record, records that due to the mediation of relatives, the parties have amicably settled the dispute and have decided to forget and forgive each others in respect of the alleged incident that took place on 24.12.2024, which according to them have occurred at the spur of the moment. He argues that now the dispute is settled. The applicants and respondent No.2 alongwith injured witnesses have decided to reside in the society by maintaining the peace and neither respondent No.2 nor the injured persons wish to continue the proceedings. 4. Learned Advocate for respondent No.2 supports the submission of learned Advocate for the applicants and submits that the dispute has been amicably settled between the parties. 5. I have perused the copy of FIR and also the injury certificates which is annexed to the application at page No.149. The injury certificate of Muktabai shows one grievous injury to her shoulder and other injury is simple in the nature to elbow. The injury caused to 3 942.doc Sachin Ghuge are three simple injuries and one grievous injury to the lateral axillary region of the chest. There is also one more injury certificate of Vyankati Ghuge which also also shows that there are two simple injuries and one grievous injury. The injuries are alleged to have been caused by the juvenile accused. 6. Taking into consideration the compromise that has been entered into between the parties and the nature of injuries attributed, I am of the opinion that the extraordinary jurisdiction of this Court can be exercised in the present matter, when the parties have amicably decided to reside happily in a society by maintaining a peace and further abide by the law and order. However, taking into consideration the act of the juvenile and the applicants, both will render services to the society as assigned by the Village Development Officer of the Grampanchayt, Ghagardara, Tq. Kandhar, District Nanded for a period of six (06) months. 7. The Village Development Officer shall assign the duties of social services such as maintaining cleanliness in the village ans also other nature of work which he thinks fit. He will maintain the record of the services rendered by them and file a short report upon completion of six (06) months. 8. In addition to the social service, the applicants shall pay an amount of Rs.25000/- each to the District Cancer Hospital, Aurangabad within a period of three (03) weeks from today. 9. The receipt of the same be acknowledged by the learned APP 4 942.doc appearing in the matter and upon his confirmation, the order will come into operation. 10. Stand over to 16.06.2027 for compliance. ( HITEN S. VENEGAVKAR, J. ) V.S.Joshi