Bombay High Court
Umar Nasir Ahmed Khalifa And Ors vs The State Of Maharashtra And Anr on 6 October, 2017
Bench: Vasanti A. Naik
P502-APL-940&939-17.doc
Sharayu.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 940 OF 2017
Md. Umar Nasir Ahmed Khalifa
Aged: 38 years Occ: Commission Agent
R/at: 369, Muslim Paccha Peth
Solapur, Maharashtra 413002. & ors. ...Applicants
Versus
The State of Maharashtra
(at the instance of Jail Road Police
Station, Solapur) & Anr. ...Respondents
AND
CRIMINAL APPLICATION NO. 939 OF 2017
Iftekar Haji A Rashid Tuljapure
Aged: 35 years Occ: Commission Agent
R/at: 107, Somvar Peth, Solapur,
Maharashtra 413002 & ors. ...Applicants
Versus
The State of Maharashtra
(at the instance of Jail Road Police
Station, Solapur) & Anr. ...Respondents
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Ms. Sonal V. Parab, i/b Rajeev Sawant & Asso., for the
Applicants.
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P502-APL-940&939-17.doc
Mr. M.K. Kocharekar, for Respondent No. 2.
Mr. V.B. Konde Deshmukh, APP for the Respondent-State.
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CORAM : SMT. VASANTI A. NAIK &
RIYAZ I. CHAGLA, JJ.
DATE : 6 October 2017
ORAL JUDGMENT : [Per Smt. Vasanti A. Naik J.]
The criminal applications are admitted and heard
finally, at the stage of admission with the consent of the learned
Counsel for the parties.
2. By criminal application No. 940 of 2017, the
applicants seek the quashing and setting aside of the First
Information Report registered against them with the Jail Road
Police Station for the offences punishable under Sections 307,
323, 324, 504, 506, 143, 147, 148 and 149 of the Penal Code
read with Section 135 of the Maharashtra Police Act. Similarly,
the applicants in criminal application No. 939 of 2017 seek for
the quashing and setting aside of the First Information Report
No. 345 of 2017 registered against them with the Jail Road
P502-APL-940&939-17.doc
Police Station for the offenecs punishable under Sections 307,
324, 504, 506, 143, 147, 148 and 149 of the Penal Code read
with Sections 4 and 24 of the Arms Act.
3. The applicants and the non applicant No. 2-
complainant in both the criminal applications are related to each
other. The non applicant No. 2 in both the criminal applications
had lodged the First Information Report on 2nd of August 2017
that they were some discussions and arguments between the
labourers on the issue of loading of goods and a scuffle took
place between the applicants and the non applicants on the basis
of the two rival reports lodged by the non-applicant No. 2, the
First Information Report was registered against the applicants.
Since all the applicants and the non applicant No. 2 in both the
criminal applications are closely related to each other, in as
much as they are the uncles or the nephews or the first cousins
of each other, they have decided to settle the matter amicably so
that they can live in harmony, in future. With a view to end the
hostality between them, as they are closely related with each
other and they carry on similar business, they have decided to
P502-APL-940&939-17.doc
seek an order, quashing and setting aside the First Information
Report registered against the applicants in both the criminal
applications. According to the applicant and the non applicant
No. 2 in both the criminal applications, if the First Information
Report registered against the applicants is not quashed and set
aside, the enmity between the parties could continue. It is stated
that since the non applicant No. 2 in both the criminal
applications are not desirous of prosecuting the matters against
the applicants in the respective criminal applications, it is
unlikely that the prosecution would result in the conviction of
the applicants.
4. The applicants and the non applicants in both the
criminal applications are personally present in the Court today.
They are identified by their respective Counsel. Each of them
have filed an affidavit and their aadhar cards are also annexed
to the applications/affidavits. Since the applicants and the non
applicant No. 2 in the criminal applications are present in the
Court, we had made a query whether they have settled their
disputes and whether the non applicant No. 2 in each of the
P502-APL-940&939-17.doc
criminal applications is not desirous of prosecuting the matter
against the respective applicants. The non applicant No. 2 in the
criminal applications have stated that they have indeed settled
the disputes amicably and they desire that the First Information
Report registered against the respective applicants should be
quashed and set aside. They have stated that they are closely
related to each other and if the First Information Report is not
quashed and set aside and the criminal trial is proceeded with,
the hostility between the parties may continue. It is stated that
in the interest of justice, the First Information Report registered
against the applicants in each of the criminal applications should
be quashed and set aside.
5. After hearing the applicants and the non applicant
No. 2 who are personally present in the Court today, we find
that with a view to prevent the abuse of the process of Court and
to secure the ends of justice, it would be necessary to quash and
set aside the First Information Report registered against the
applicants on the basis of the reports lodged by the non
applicant No. 2 in each of the criminal applications. The parties
P502-APL-940&939-17.doc
are very closely related to each other. The animosity between
the parties may continue, if the First Information Report
registered against the applicants are not quashed and set aside.
In the judgment of the Hon'ble Supreme Court in the case of
Narinder Singh vs. State of Punjab1, the Hon'ble Supreme
Court had quashed and set aside the First Information Report
registered against the accused therein for the offences
punishable under Section 307 of the Indian Penal Code. The
settlement of the dispute between the parties, according to the
Hon'ble Supreme Court could itself be one of the considerations
for quashing and setting aside the First Information Report.
Since the non applicant No. 2 in both the criminal applications
are not desirous of prosecuting the applicants, it is unlikely that
the prosecution would result in the conviction of the applicants.
Hence, by following the law laid down by the Hon'ble Supreme
Court in the judgment in the case of Narinder Singh vs. State
of Punjab (supra) and Gian Singh Vs. State of Punjab2, it
would be necessary to quash and set aside the First Information
1 (2014)6 AIR SCC 466
2 (2012)10 SCC 303
P502-APL-940&939-17.doc
Reports registered against the applicants for the offences
punishable under Sections 307, 323, 324, 504, 506, 143, 146,
147, 148 and 149 of the Penal Code and the provisions of the
Arms Act.
6. Hence, for the reasons aforesaid, the criminal
applications are allowed. The First Information Report
registered against the applicants in criminal application No. 940
of 2017, bearing No. 346 of 2017, for the offences punishable
under Sections 307, 323, 324, 504, 506, 143, 147, 148 and 149
of the Penal Code read with Section 135 of the Maharashtra
Police Act is hereby quashed and set aside. So also, the First
Information Report registered against the applicants in criminal
application No. 939 of 2017 bearing No. 345 of 2017 for the
offences punishable under Sections 307, 324, 504, 506, 143,
147, 148 and 149 of the Penal Code read with Sections 4 and 24
of the Arms Act is hereby quashed and set aside.
7. Order accordingly.
P502-APL-940&939-17.doc
[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.]
