1 APL.136.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 136 OF 2017.
1] Akram Khan Rahemtulla Khan,
aged about years, Occu. Private,
2] Amjad Khan Rahemtulla Khan,
aged about years, Occu. Private,
3] Imran Khan Rahemtulla Khan,
aged about years, Occu. Private,
4] Mohd. Atib @ Sonu Mohd. Khalid,
aged about years, Occu. Private,
5] Sheikh Salim Sheikh Sultan,
aged about years, Occu. Private,
5] Sheikh Israel Sheikh Sultan,
aged about years, Occu. Private,
All R/o Gadhi Ward, Pusad, Tah. Pusad,
Distt. Yavatmal. ...... APPLICANTS.
....Versus....
The State of Maharashtra, through
Police Station Pusad City,
Dist. Yavatmal. ..... RESPONDENT.
Mr. M.N. Ali, Advocate for applicants,
Mr. T.A. Mirza, Additional Public Prosecutor for respondent.
CORAM : B.R. GAVAI & KUM. INDIRA JAIN, JJ.
DATED : MARCH 24, 2017. ORAL JUDGMENT (PER B.R. GAVAI, J.)
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2 APL.136.17.odt
1] Rule. Rule made returnable forthwith. Heard the learned
Counsel for the parties finally by consent.
2] The learned Counsel for the applicants states that the affidavit of the applicant no.5 would be filed during the course of the day.
3] The applicants, who are the accused, the first informant and the injured, by way of the present application have jointly applied to this Court for quashing and setting aside the First Information Report registered vide Crime No. 420/16 for the offences punishable under Sections 294, 324, 307 of the Indian Penal Code read with Sections 4 & 25 of the Arms Act.
4] The First Information Report is lodged by the applicant no.1 alleging therein that when he was sleeping in his house, there was a quarrel with the accused and the accused assaulted with a pipe in his hand and also assaulted his brother - applicant no.6. 5] The applicants, i.e. the accused as well as the first informant and the injured are the residents of the same locality. The Apex Court in the case of Narinder Singh and others .vs. State of ::: Uploaded on - 29/03/2017 ::: Downloaded on - 30/03/2017 00:32:08 ::: 3 APL.136.17.odt Punjab and another reported in (2014) 6 SCC 466 have laid down various parameters for quashing the criminal proceedings. In the present case, though the crime is registered for the offence punishable under Section 307 of the Indian Penal Code, the nature of injuries are as follows :-
1) Contused lacerated wound over scalp, occipital region 7 x 8 cm sharp edges actively bleeding,
2) Abrasion right forearms,
3) Abrasion lower UP over MUCOSA, type of injury is not grievous, type of object is sharp and hard.
It could thus be seen that the injuries are not serious. The perusal of the nature of allegations would also reveal that no element of public law is involved, inasmuch the incident is an outcome of trivial quarrel that has taken place inside the house.
6] The trial is yet to commence and as such, the stage of the proceedings is also such that the powers can be exercised. It is further to be noted that the accused as well as the first informant and the injured are residents of the same locality and if the powers are exercised, it will lead to harmonious co-existence of all of them in the ::: Uploaded on - 29/03/2017 ::: Downloaded on - 30/03/2017 00:32:08 ::: 4 APL.136.17.odt same locality and permit the harmony in the area. We, therefore, find that this is a fit case for exercising the powers under Section 482 of the Criminal Procedure Code for giving an end to the criminal proceedings.
7] In the result, the Criminal Application is allowed. Rule is made absolute in terms of prayer clause (1).
JUDGE. J
UDGE.
J.
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