Bombay High Court
Fahim Ansari vs The State Of Maharashtra And Anr on 24 March, 2017
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 332 OF 2017
Mr. Fahim Ansari. .. Applicant.
Vs
State of Maharashtra and Another. .. Respondents
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Shri Fauzan Shaikh for the Applicant.
Ms. M.H. Mhatre, APP for the Respondent No.1.
Shri Sachin Kamble for the Respondent No.2.
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CORAM : A.S. OKA &
SMT.ANUJA PRABHUDESSAI, JJ
DATED : 24TH MARCH 2017
ORAL JUDGMENT ( PER A.S. OKA, J)
1. Heard the learned counsel appearing for the Applicant.
Rule. The learned APP waives service for the first Respondent. The
Advocate for the second Respondent waives service. Forthwith taken up
for final disposal.
2. The prayer in this Application under Section 482 of the
Code of Criminal Procedure, 1973 (for short "CrPC") for quashing the
First Information Report (FIR) lodged at the instance of the second
Respondent for the offences punishable under Sections 279, 336 and
427 of the Indian Penal Code and Section 184 of the Motor Vehicles Act,
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1988. The quashing is sought on the ground of settlement. The
allegations made in the FIR filed by the second Respondent is that when
his car was stationary, a motor-cycle plied by the present Applicant
came in a high speed and gave a dash to the front portion of his car at
its right hand side. There was an allegation made that the pillion rider
accompanied the Applicant fell down and sustained injuries. There is
no allegation made that the second Respondent sustained injuries. In
fact, the second Respondent and his friend took the Applicant to a
nearby hospital for treatment. Thereafter, the second Respondent
lodged FIR.
3. Going by the chargesheet, there was no injury caused to
any of the occupants of the car of the first informant. There was a
damage to the car. Only person who sustained injuries is the Applicant
himself. The offence under Section 427 of the Indian Penal Code is a
compoundable offence. The second Respondent has filed an affidavit
recording that the dispute between him and the Applicant is settled.
4. Taking the material forming part of the chargesheet as
correct, the offence punishable under Section 336 of the Indian Penal
Code is not attracted.
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5. Considering the settlement and considering the nature of
the offences which cannot be said to be against the society at large
and/or of heinous nature, this is a fit case where the power under
Section 482 of the CrPC should be exercised for quashing the
proceedings.
6. We find that the Investigating Officer has purported to
record the statement of the Applicant on 6th February 2015 in which it is
recorded that the Applicant has accepted his guilt and a thumb
impression of the Applicant has been obtained. This Court has
repeatedly deprecated the practice followed by some of the Police
Stations in Mumbai of recording statements of the accused persons
incorporating an admission of guilt. We direct the Office of the Public
Prosecutor to forward a copy of the present Application along with a
copy of this order to the Commissioner of Police. It is necessary to issue
directions in writing for stopping this illegal practice.
7. Accordingly, we pass the following order.
ORDER :
(a) Rule is made absolute in terms of prayer clause (a)
which reads thus;
"(a) This Hon'ble Court after perusing the
records and proceedings be pleased to
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quash and set aside the C.C.
No.1296/PS/2015 pending before the Ld.
Addl./Chief Metropolitan Magistrate 28th
Metropolitan Magistrate Court,
Esplanade, Mumbai and FIR No.50/2015
registered for the offences punishable
under section 279, 336 and 427 IPC read
with 184 of the Motor Vehicle Act 1988
filed by the Respondent No.1 L T Marg
Police Station."
(b) We direct the Office of the Public Prosecutor to
forward a copy of the present Application along with
a copy of this order to the Commissioner of Police;
(c) The Commissioner of Police will note that in the
present case, the Investigating Officer has purported
to record a statement of the Applicant and has taken
thumb impression of the Applicant on the said
statement which is made a part of the chargesheet. It
will be appropriate if the Commissioner of Police
issues directions to all the Police Stations in Mumbai
to stop such practice of recording statements of the
accused persons incorporating admission of guilt.
Necessary action shall be taken by the Commissioner
of Police within a period of one month from the date
of receipt of a copy of this order;
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(d) We direct the Applicant to pay costs of Rs.5,000/- to
the Mumbai Police Welfare Fund within a period of
six weeks from today;
(e) For reporting compliance, the Application shall be
listed on 4th May 2017;
(f) All concerned to act upon an authenticated copy of
this order.
(SMT.ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )
