Bombay High Court
Jaya Ramesh Giri And Ors vs The State Of Maharashtra And Anr on 5 July, 2016
Bench: Naresh H. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1381 OF 2016
Mrs. Jaya Ramesh Giri & Ors. .. Petitioners
V/s.
The State of Maharashtra & Anr. .. Respondents
WITH
CRIMINAL WRIT PETITION NO.1382 OF 2016
Mrs. Kalpana Indranarayan Jha & Anr.
ig .. Petitioners
V/s.
The State of Maharashtra & Anr. .. Respondents
......
Mr. Sharad Rai, Advocate for the Petitioner.
Mrs. S.D. Shinde, APP for the Respondent - State.
Mr. A.R. Maurya, Advocate for Respondent No.2.
......
CORAM : NARESH H. PATIL AND
PRAKASH D. NAIK, JJ.
DATED : JULY 5, 2016.
JUDGMENT (Per PRAKASH D. NAIK, J.) :
Rule. Rule is made returnable forthwith.
2 Learned APP waives service for Respondent No. 2 -
State.
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3 The petitioners have invoked writ jurisdiction of this
Court under Article 226 of the Constitution of India and inherent
powers under Section 482 of the Code of Criminal Procedure.
The issues involved in both the petitions are interconnected with
each other and hence both these petitions are disposed of by
common order.
4 In criminal writ petition no.1381 of 2016, the
petitioners seeks to challenge the First Information Report (for
short "FIR") dated 20th March, 2016 registered with Tulinj Police
Station, Nalasopara, district Palghar vide C.R.No.I-163 of 2016
for the offences punishable under Sections 452, 323, 504 read
with Section 34 of the Indian Penal Code (for short "IPC"). The
petitioners are accused in the said FIR which is lodged at the
instance of second respondent.
5 Brief allegations made in C.R.No.I-163 of 2016 are as
follows:
(a) Complainant is residing at Room No.12 Ostwal Nagari
Road, Nalasopara (East), Taluka Vasai, District - Palghar.
She is residing at the said address since last ten years
along with her husband and son. On 19 th March, 2016,
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there was a quarrel between the complainant and her
neighbour. At about 7.00 p.m. Smt. Jaya Ramesh Giri
started abusing the complainant. At that time, other
accused namely Ganesh Jha, Sunil Jha and Deepak Mishra
entered into her residential premises and assaulted the
complainant's son by fist blows. In this scuffle, the
complainant and her son lost their jwellery.
(b) Complainant thereafter informed the aforesaid incident to
her husband after he returned home and, thereafter, FIR
was lodged as stated hereinabove on 20th March, 2016 and
offence was registered vide C.R.No. I-163 of 2016.
6 Petitioners in Writ Petition No.1382 of 2016 have
challenged the FIR dated 21st March, 2016 registered with Tulinj
Police Station vide C.R.No.I-167 of 2016 for the offences
punishable under Sections 323, 324 read with Section 34 of the
IPC. Petitioners were impleaded as accused in the said FIR which
was registered at the instance of second respondent in the said
petition.
7 The brief facts as alleged in the FIR bearing C.R.No.
I-167 of 2016 are as follows:
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(a) The complainant is the resident of Jai Ambe Welfare
Society, Ostwal Nagari Road, Nalasopara (East), Taluka -
Vasai, District - Palghar. Complainant is residing at the
said premises since last ten years along with his wife and
children.
(b) On 19th March, 2016, when complainant returned home, he
was noticed that a quarrel was going on between his
brother-in-law Sunil Jha and neighbour Raghvendra Jha.
Complainant convinced his brother-in-law to stop the
quarrel by stating that the opponent is a young boy and
there is no point in discussing with him. At that time,
accused Raghvendra challenged him with abusive words
and hence the complainant slapped him.
(c) During the aforesaid quarrel the mother of accused
Raghvendra intervened. She brought the chilly powder
and threw it on the person of the complainant. Accused
Raghvendra then assaulted the complainant by fist blows
and by iron rod. Complainant sustained injury to his head.
He was treated in the hospital. Thereafter, FIR was
registered with Tulinj police station vide C.R.No. I-167 of
2016.
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8 Learned counsel appearing for the petitioners and
second respondent in both the petitions have submitted that the
cross complaints are registered by the parties against each other
which are the subject matter of these petitions before this Court.
It is submitted that the parties are residing in the same vicinity
and with a view to maintain harmonious relationship they have
arrived at amicable settlement. It is submitted that in view of the
settlement between the parties, they have approached this Court
for quashing the proceedings initiated against each other.
9 Second respondent/complainant in C.R.No. I - 163 of
2016 which is the subject matter of Criminal Writ Petition
No.1381 of 2016 have tendered an affidavit before this Court.
She has stated that due to intervention of senior members of the
vicinity, it was decided to put an end to the differences so as to
maintain peace and harmony in the society and also to ensure
that spirit of togetherness is maintained. Second respondent who
is the complainant in C.R.No. I-163 of 2016 is an accused in
C.R.No.I-167 of 2016, whereas, the second respondent/
complainant in C.R.No. I-167 of 2016 is an accused in C.R.No.I-
163 of 2016. Similarly, second respondent who is the complainant
in C.R.No.I-167 of 2016 have also tendered affidavit stating that
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the parties have settled the disputes due to intervention of senior
members of the vicinity with a view to maintain peace and
harmony in the society. Both the complainants have consented
for quashing the respective FIR's lodged against the respective
accused persons.
10 We have perused the FIR's and the affidavits tendered
by respective complainants. The dispute had arisen out of the
quarrel which had ensued between two neighbours.
ig It is of
private nature having no access of society at large. We have
noted that the parties are residing in the same vicinity and intend
to maintain harmonious relationship. We are, therefore, inclined
to allow the aforesaid petitions and quash the FIR's under
challenge in these petitions. Reliance can be placed upon the
decision of the Apex Court in case of Gian Singh V/s. State of
Punjab & Anr.1, wherein it is observed that the High Court may
entertain the petition for quashing in the event of settlement of
disputes which are of private nature. We are, therefore, satisfied
that this is a fit case to exercise the power of quashing.
11 We, therefore, pass the following orders.
1(2012) 10 - SCC 303
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:: O R D E R ::
(i) Criminal Writ Petition No.1381 of 2016 is
allowed and the First Information Report
registered with Tulinj police station vide
C.R.No.I-163 of 2016 for the offences
punishable under Sections 452, 323, 504 read
with Section 34 of the Indian Penal Code is
quashed and set aside.
(ii) Criminal Writ Petition No.1382 of 2016 is
allowed and the First Information Report
registered with Tulinj police station vide
C.R.No.I-167 of 2016 for the offences
punishable under Sections 323, 324 read with
Section 34 of the Indian Penal Code is quashed
and set aside.
(iii) Parties to act upon an authenticated copy of
this order.
(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)
