Bombay High Court
Buddhdeep Ananta Khadse And ... vs State Of Maharashtra Thr. Police ... on 7 August, 2017
Bench: V.A. Naik
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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.
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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.
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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
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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.
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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
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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
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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
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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 :
