Sagar Nandkishor Dhawale And ... vs Police Station Officer Police ...
2017 Latest Caselaw 7345 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 
                      NAGPUR BENCH, NAGPUR.

                 Criminal Application (APL) No. 618 of 2017

(1) Sagar Nandkishor Dhawale,
      aged about 23 years, occupation : student 

(2) Lalit Ashokrao Chinche,
      aged about 30 years, occupation : student 

(3) Bala @ Chandrashekhar Shamrao Jambhole
      aged about 33 years, occupation : labour

(4) Vinayak Shankarrao Ghurde
      aged about 56 years, Occu : Agriculturist,
      r/o Darapur, Tq. Daryapur, 
      District Amravati. 

(5) Ashish Diliprao Wardhe, 
      aged about   years, occupation : labour

(6) Sushil Digambar Sardar,
      aged about 26 years, occupation : student 

     (1) to (3) and (5) to (6) r/o Pandhari Kholapur,
      Tq. Bhatkuli, District Amravati.                             .... Applicants

      //  Versus //

Police Station Officer, 
Police Station, Kholapur, 
Amravati Rural, Dist. Amravati.                                    .... Non-Applicant

Shri Vinay Dahat, Advocate for the applicants 
Shri K. R. Lule, Additional Public Prosecutor for the non-applicant
                                                        
                                    CORAM      : SMT. VASANTI  A  NAIK AND
                                              M. G. GIRATKAR, JJ.
                                     DATE  : 20-09-2017.




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JUDGMENT (Per : M. G. GIRATKAR, J.)

Rule. Rule made returnable forthwith. The criminal

application is heard finally at the stage of admission with the consent of

the learned counsel for the parties.

2. By the present application, the applicants prayed to quash

and set aside FIR in Crime No. 144/2017 registered by the non-applicant

Police Station. It is submitted that the complainant/applicant no. 5

lodged the report against the other applicants. It is submitted that

the applicant no. 5 Ashish Wardhe lodged the report due to

misunderstanding against other applicants. It is submitted that they have

settled the matter and prayed to quash and set aside the impugned FIR

registered against the applicant nos. 1 to 4 and 6 for the offences

punishable under Section 324, 323 read with Section 34 of the Indian

Penal Code and Section 3(1)(x)(r)(s), 3(2)(va) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Heard learned counsel for the applicants. He has submitted

that the applicants have settled their dispute. He prayed to quash and set

aside the FIR.

4. Today, all the applicants are present before the Court. We

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3 jg.apl 618.17.odt

have asked the applicant no. 5, he has stated that due to

misunderstanding, he lodged the report. He prayed to quash and set

aside the FIR lodged against the other applicants. All the applicants are

friends. Other counter case is also compounded and therefore, prayed to

quash and set aside the FIR.

5. It is clear from the submissions of the applicant no. 5 that

there is no possibility of any conviction as the complainant/applicant

no. 5 will not give any evidence against other applicants. In view of the

law laid down by the Hon'ble Supreme Court in the cases of Gian Singh

Vs. State of Punjab and another (2012) 10 SCC 303 and Narinder

Singh and ors. Vs. State of Punjab and anr. (2014) 6 SCC 466, FIR is

liable to be quashed and set aside.

6. Hence, we allow the criminal application in terms of prayer

clauses (1) and (2). The First Information Report lodged against the

applicants vide Crime No. 144/2017 in Police Station, Kholapur,

Amravati Rural, District Amravati is hereby quashed and set aside.

                      JUDGE                                          JUDGE


wasnik




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