Bombay High Court
Ganesh Satynaran Ahir And Others vs State Of Maharashtra Thr. Police ... on 14 December, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 830 OF 2017
1] Ganesh Satyanarayan Ahir,
Aged about 31 years, Occ. Labour,
R/o. Azad Ward, Chimur,
Distt. Chandrapur.
2] Vicky Ramesh Ahir,
aged Major, Occ.,
3] Ravi Bhagwandas Bhutada,
Aged Major, Occ,
4] Rama Radheshyam Ahir,
Aged Major, Occ.
5] Shyama Chanmal Ahir,
Aged Major, Occ.
6] Ganesh Rajendra Verma
Aged Major, Occ.
7] Govinda Surajmal Ahir,
Aged Major, Occ.
8] Sonu Ramesh Ahir,
Aged Major, Occ.
9] Sagar Ramesh Ahir,
Aged Major, Occ.
10] Sayyed Raheel Sayyed Rahim,
Aged 19 years, Occ. Education.
11] Shaikh Mohin Shaikh Kalim,
Aged Major, Occ. Education.
12] Sayyed Rafeeque Sayyed Yusuf,
Aged Major, Occ. Education.
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13] Shaikh Nadeem Shaikh Kausar,
Aged Major, Occ. Education.
14] Shaikh Sultan Shaikh Yusuf,
Aged Major, Occ.Education.
15] Shaikh Salman Sheikh Yunus,
Aged Major, Occ.Education.
16] Sayyed Saheel
Aged Major, Occ.Education
17] Shaikh Mohsin Shaikh Maksood,
Aged 18 years, Occ.Education.
18] Dinesh Rademal Ahir,
Aged about 51 years, Occ. Business,
All the above are R/o. Malegaon,
Tq. Malegaon, Distt. Washim....... APPLICANTS
...VERSUS...
State of Maharashtra,
through Police Station Officer,
Police Station, Malegaon,
District : Washim. ....... RESPONDENT
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Shri Sangram Sirpurkar, Advocate for applicants
Shri V.P.Gangane, APP for Respondent - State
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 14 DECEMBER, 2017 .
JUDGMENT (P.C.)
Admit.
Learned APP waives service of notice for
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respondent.
Heard finally by consent of the learned counsels
appearing for the parties.
2] This is the joint application made by all the
accused persons in Crime Nos. 160 of 2017 and 161 of 2017
registered against them on 07.05.2017 in the Police Station
Malegaon, District Washim.
3] Notice was issued in this matter to the
Respondent - State Government on 07.12.2017 and the
reply is filed to oppose the claim for quashing of the first
information reports in question.
4] We have heard the learned counsels appearing
for the parties. Shri Sirpurkar, the learned counsel appearing
for all the applicants submits that they are all personally
present before this Court. Applicant Nos. 10 to 17 are the
accused in Crime No. 160 of 2017 in respect of offences
punishable under Sections 307, 452, 336, 143, 147, 148 and
149 of Indian Penal Code registered on 07.05.2017 on the
complaint of one Dinesh Rodemal Ahir, who is the applicant
No.18 herein. In Crime No. 161 of 2017 offences are
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registered under Sections 323, 352, 143, 147, 148 and 149
of Indian Penal Code read with Sections 4 and 25 of the
Arms Act against the applicant Nos. 1 to 9 and 18 on
09.05.2017 and the complainant is the applicant No. 17.
5] All the applicants who are accused in the
concerned crime submit that they do not want to proceed
further against each other in respect of offences registered at
their instance and have prayed for quashing of the first
information report Nos. 160 of 2017 and 161 of 2017. The
reliance is placed upon the decision of the Apex Court in
case of Narinder Singh and others vrs. State of Punjab and
another reported in (2014) 6 SCC 466, to urge that with the
consent of the parties, such a prayer is permissible.
6] It cannot be disputed that in terms of the
decision of the Apex Court in Narinder Singh's case, cited
supra, the F.I.Rs can be quashed by consent of the parties,
as no fruitful purpose will be served to continue with their
prosecution. The witnesses coming forward are not likely to
support the theory of the prosecution. In such event, it will be
difficult to prove the charge against the accused persons.
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Hence, taking into consideration the law laid down by the
Apex Court in the decision cited supra, this application will
have to be allowed.
6] In the result, the application is allowed. The
F.I.R.Nos. 160 of 2017 and 161 of 2017 registered against
the applicants at Police Station, Malegaon, on 07.05.2017
are hereby quashed and set aside.
Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
Rvjalit
