Pawan @ Sandip Omprakash Sharma ... vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 10704 Bom

                                                    1          Cri.APL No.668.21-J.odt


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

             CRIMINAL APPLICATION (APL) NO. 668 OF 2021

 1)       Pawan @ Sandip Omprakash Sharma,
          Aged about 40 Years, Occ. : Agriculturist,

 2)       Arun Omprakash Sharma,
          Aged about 48 Years, Occ. : Business,

 3)       Omprakash Murlidhar Sharma,
          Aged about 70 Years, Occ. : Business,

          All the above (1) to (3) are
          R/o. At Post Eranda, Tq. Barshitakli,
          Dist. Akola.                                            .....APPLICANTS

                     . . . VERSUS . . .

 1)     State of Maharashtra
        Through Police Station Officer,
        Police Station, Barshitakli,
        District : Akola.

 2)     Narendra S/o. Murlidhar Sharma,
        Aged about 59 Years, Occ. : Agriculturist,
        R/o. Durga Apartment, Flat No.A-3,
        Nityanand Nagar, Gourakshan Road,
        Akola, Tq. & Dist. Akola            .....NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri S. V. Sirpurkar, Advocate for the Applicants.
 Shri V. A. Thakare, Additional Public Prosecutor for the Non-applicant
 No.1/State.
 Shri D. I. Jain, Advocate for the Non-applicant No.2.
 -------------------------------------------------------------------------------------------
          CORAM :          V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATE : 10.08.2021.

ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)

1. Heard.

2. Rule. Rule is made returnable forthwith.

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicants are challenging registration of

the First Information Report No.229/2020 dated 14.05.2020

registered with the non-applicant no.1 - Police Station along with

charge-sheet No.79/2020 dated 05.08.2020 for the offences

punishable under Sections 307, 504 read with Section 34 of the

Indian Penal Code and Sections 4, 25 of the Indian Arms Act.

4. The First Information Report came to be registered

against the applicants with the accusations that when the

non-applicant No.2 went to work at the place owned by him, the

applicants allegedly abused him and beat him. It is alleged that

the applicants assaulted the non-applicant No.2 on hand by using

sword and threatened to kill him.

5. The Investigating Agency completed the investigation

and filed charge-sheet against the applicants. During the pendency

of the proceedings, non-applicant No.2 filed an affidavit in Bail

Application No. 566/2020 stating that the dispute arose out of

family dispute and the parties have decided to settle their dispute.

The non-applicant No.2 filed an affidavit dated 22.10.2020 in Bail

Application No.566/2020 stating that in order to have cordial

relations in the family, the non-applicant No.2 does not want to

precipitate the things and wants to settle the matter amicably.

The applicants have therefore, filed present application

challenging registration of the First Information Report and

Charge-Sheet.

6. This Court on 22.07.2021, issued notice to the

non-applicants. It is stated in the said order that the learned

Additional Public Prosecutor shall obtain instructions in respect of

criminal antecedents against the applicants and the non-applicant

No.2.

7. In pursuance of the said order, the non-applicant No.1

has filed affidavit/reply dated 04.08.2021. It is stated in the said

reply that there is enmity between the family members of the

applicants and the non-applicant No.2 and the applicants have

filed crime No.146/2018 against the non-applicant No.2 and the

non-applicant No.2 has also challenged registration of the First

Information Report and Charge-Sheet. It is stated that another

crime has been registered against the applicants on the basis of

report lodged by the wife of the non-applicant No.2 bearing crime

No.150/2018. It is stated that the non-applicant No.2 has

sustained injury on tempo parietal region of palm and ear.

8. Since it is undisputed that the parties have decided to

resolve their dispute mutually, we have carefully considered the

allegations in the First Information Report and the material

produced before this Court in the form of charge-sheet. Insofar as

the offence under Section 307 of the Indian Penal Code is

concerned, though it is serious offence, at this stage, it would be

profitable to refer the judgment of the Hon'ble Apex Court in the

case of Narinder Singh & others Vs. State of Punjab & anr.

reported in (2014) AIR SCW 2065. The decision of the Hon'ble

Apex Court makes it clear that the Court cannot declare to quash

the First Information Report merely because the First Information

Report incorporates a particular provision which is a serious

offence or offence against society. The Court has to make an

endeavour to find out whether the information in the First

Information Report indeed discloses the ingredients of such

offence and the Court can accept the settlement and quash the

report/charge-sheet only after the Court is of the opinion that

such an offence is unnecessarily incorporated in the First

Information Report/charge-sheet. From the perusal of the First

Information Report and the material produced in the form of the

charge-sheet, we are satisfied that the ingredients of the offence

under Section 307 of the Indian Penal Code are not fulfilled. We

have also gone through the injury certificate and the nature of the

weapon used and the statements of the witnesses. On

consideration of over all material, we are satisfied that the injury

caused to the non-applicant No.2 is not serious. Since the

applicants have mutually resolved their dispute, chances of

conviction are bleak. We are, therefore, satisfied that there is no

impediment in quashing and setting aside the First Information

Report and consequent charge-sheet filed against the applicants.

9. We, therefore, pass the following order :

The First Information Report No.229/2020 dated

14.05.2020 registered with the non-applicant no.1 - Police Station

along with charge-sheet No.79/2020 dated 05.08.2020 against the

applicants for the offences punishable under Sections 307, 504

read with Section 34 of the Indian Penal Code and Sections 4, 25

of the Indian Arms Act are quashed and set aside.

10. Rule is made absolute in the above terms.

                             JUDGE                                     JUDGE



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