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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.508 OF 2017
WITH
CRIMINAL APPLICATION (APL) NO.508 OF 2017
1.CRIMINAL APPLICATION (APL) NO.508 OF 2017:
1. Kartik Shankarrao Deshmukh,
Aged about Nil years, Occ.
Private.
2. Ritesh Kailash Shinde,
Aged about Nil years, Occ.
Private.
3. Kailash Shambharao Shinde,
Aged about Nil years, Occ.
Private.
4. Pradip Govindrao Chavan,
Aged about Nil years, Occ.
Private.
5. Balu Shankar Deshmukh,
Aged about Nil years, Occ.
Private.
6. Krushna Pralhad Deshmukh,
Aged about Nil years, Occ.
Private.
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7. Prashik Govind Chavhan,
Aged about Nil years, Occ.
Private.
8. Chandrakant Ramu Chavhan,
Aged about Nil years, Occ.
Private.
9. Omkar @ Nanha Sudam Chavhan,
Aged about Nil years, Occ.
Private.
10.Vishwapratap Parasram Paikrao,
Aged about 26 years, Occ.
Private.
11.Amol Sheshrao Barde,
Aged about Nil years, Occ.
Private.
12.Suraj Vilas Khadse,
Aged about Nil years, Occ.
Private.
13.Krushna Maroti Khadse,
Aged about Nil years, Occ.
Private.
All r/o. Mulawa, Pophali, Tah.
Umarkhed, Distt. Yavatmal. .......... APPLICANTS
// VERSUS //
State of Maharashtra,
Through Police Station, Pophali,
Distt. Yavatmal. ....... NON-APPLICANT
____________________________________________________________
Mr.MIR Nagman Ali, Advocate for Applicants.
Mr.A.M.Deshpande, A.P.P. for the Respondent/State.
____________________________________________________________
*****
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2.CRIMINAL APPLICATION (APL) NO.509 OF 2017:
1. Buddhdeep Ananta Khadse,
Aged about 25 years, Occ.
Private.
2. Pasppu Vishwapratap Paikrao,
Aged about 25 years, Occ.
Private.
3. Pappu Vilas Khadse,
Aged about Nil years, Occ.
Private.
4. Amol Sheshrao Barde,
Aged about 19 years, Occ.
Private.
5. Pappu @ Prashant Sonkamble,
Aged about 25 years, Occ.
Private.
6. Pralhadrao Devidasrao Deshmukh,
Aged about 63 years, Occ.
Private.
7. Prithviraj Shankarao Deshmukh,
Aged about 22 years, Occ.
Private.
8. Kartik Shankarao Deshmukh,
Aged about 24 years, Occ.
Private.
All r/o. Mulawa, Pophali, Tah.
Umarkhed, Distt. Yavatmal. .......... APPLICANTS
// VERSUS //
State of Maharashtra,
Through Police Station, Pophali,
Distt. Yavatmal. ....... NON-APPLICANT
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____________________________________________________________
Mr.MIR Nagman Ali, Advocate for Applicants.
Mr.A.M.Deshpande, A.P.P. for the Respondent/State.
____________________________________________________________
CORAM : SMT. VASANTI A NAIK
AND
M.G.GIRATKAR, JJ.
DATED : 7th August, 2017 ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. In both these petitions, the petitioners have prayed to quash the First Information Report registered on counter reports lodged against each other. They have submitted that now they have settled the matter and they do not want to prosecute each other. Therefore, they have prayed to quash and set aside the First Information Reports registered vide Crime Nos.154 of 2017 and 155 of 2017 registered by Police Station, Pophali, District Yavatmal.
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2. So far as Criminal Application No.508 of 2017 is concerned, it is alleged by complainant/applicant no.10 in the report that there was a quarrel. In the quarrel, applicant nos. 1 to 9 beat applicant nos.10, 11 and 12 and also abused them including applicant no.10 on their caste. On his report, Crime No.154 of 2017 was registered against applicant nos. 1 to 9 for the offences punishable under Sections 147, 148, 149, 427, 506, 326 of the Indian Penal Code r/w. Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is submitted that all the applicants (including the complainant and the injured) have settled the dispute between them. Therefore, prayed to quash and set aside the First Information Report vide Crime No.154 of 2017 registered by Police Station, Pophali, District Yavatmal.
4. In Criminal Application No.509 of 2017, applicant nos. 1 to 8 have prayed to quash and set aside Crime No.155 of 2017 registered by Police Station, Pophali, District Yavatmal on the report of applicant no.6. ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 :::
6 apl508.17.odt It is submitted that there was a quarrel between applicant nos. 1 to 5 and applicant nos. 7 and 8 and in that quarrel, applicant no.4 Amol Sheshrao Barde assaulted applicant no.7 Prithviraj Shankarrao Deshmukh. Therefore, report was lodged by applicant no.6. After lodging report against each other, the applicants have settled the dispute in the village itself. Therefore, applicant no.6 and injured applicant nos. 7 and 8 do not want to prosecute applicant nos. 1 to 5. Therefore, they have prayed to quash and set side the First Information Report vide Crime No.155 of 2017 registered at Police Station, Pophali, District Yavatmal.
5. In both the petitions, we have heard Mr.Mir Nagman Ali, learned Counsel for the petitioners and Mr.A.M.Deshpande, learned A.P.P. For the Respondent/State.
6. As per the submission of the petitioners in both the petitions, they are residents of same village. There was a quarrel between them on account of some trivial matters. ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 :::
7 apl508.17.odt It is submitted by the applicants and their Counsel Mr.Mir Nagman Ali that all the applicants in both the petitions (including the complainant and the injured in both the petitions) have settled their dispute in the village to keep harmony between themselves. Therefore, the learned Counsel for the petitioners has prayed to allow both the petitions and quash the First Information Reports registered against each other, as prayed in both the petitions.
7. Mr.A.M.Deshpande, learned A.P.P. has objected the petitions. The learned A.P.P. has submitted that Crimes are registered against both the parties and investigation is going on. The offences are non-compoundable.
8. During the course of argument, learned Advocate Mr.Mir Nagman Ali has pointed out the decision in the case of Ashraf Mohammad Calcuttawala and Others vs. The State of Maharashtra and another reported in 2015 ALL MR (Cri) 1778. The learned Counsel has also pointed out the decision of Division Bench of this ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 ::: 8 apl508.17.odt Court in Criminal Application (APL) No.290 of 2017, decided on 21.6.2017.
9. In Criminal Application No.508 of 2017, the offences punishable under Sections 147, 148, 149, 427, 506, 326 of the Indian Penal Code and 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered against applicant nos. 1 to 9. It is alleged in the report lodged by applicant no.10 that applicant nos. 1 to 9 abused them on their caste. They also beat applicant nos. 11 to 13. The offences are non- compoundable.
10. In the case of Ashraf Mohammad Calcuttawala and Others .vs. The State of Maharashtra and Others (supra), the Division Bench of this Court quashed the First Information Report for the offences punishable under Sections 143, 147, 148, q149, 324, 504, 506, 323 of the Indian Penal Code, Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and 37(1)(3) and 135 of the Bombay Police Act. ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 :::
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11. It was observed that, in view of the Judgment of the Apex Court in the case of Gian Singh .vs. State of Punjab, (2012(10) SCC 303, F.I.R. can be quashed by High Court u/s.482 of Cr.P.C. Apex Court in paragraph 57 observed as under :
"The position that emerges from the above discussion can be summarised thus :
the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plentitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (I) to secure the ends of justice or
(ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.
Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 ::: 10 apl508.17.odt Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
12. Relying upon the above cited decision, the Division Bench of this Court in Criminal Application ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 ::: 11 apl508.17.odt No.290 of 2017, dt.21.6.2017 quashed the F.I.R. for the offences punishable under Section 324 of the Indian Penal Code and 3 (i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
13. In Criminal Application (APL) No.508 of 2017, offences punishable under Sections 147, 148, 149, 427, 506 and 326 of the Indian Penal Code and 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act came to be registered on the report of applicant no.10 (Vishwapratap Parasram Paikrao) alleging that applicant no.11 to 13 sustained injuries in the incident. In Criminal Application No.509, offence came to be registered against applicant nos. 1 to 5 on the report of applicant no.6.
14. In both the applications, the parties have submitted that the matter is settled between them in the village itself. Therefore, no purpose will be served by filing charge sheet before the Court and prosecuting the applicants in both the Crimes (Crime Nos. 154 of 2017 and ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 ::: 12 apl508.17.odt 155 of 2017). Looking to the above submission and in view of above cited Judgment, we allow both the Criminal Application Nos. 508 of 2017 and 509 of 2017 in terms of prayer clause (1) therefore. The First Information Report vide Crime Nos. 154 of 2017 and 155 of 2017 registered in Police Station Pophali, District Yavatmal are hereby quashed and set aside.
JUDGE JUDGE
[jaiswal]
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CERTIFICATE
I certify that this Judgment uploaded is a true and correct copy of original signed Judgment. Uploaded by : Jaiswal, P.S. Uploaded on : ::: Uploaded on - 10/08/2017 ::: Downloaded on - 12/08/2017 01:53:16 :::