Narendra S/O Murlidhar Sharma And ... vs State Of Mah., Thr. P.S.O. Ps ...
2021 Latest Caselaw 10733 Bom

                                                    1        Cri.APL No.1227.19-J.odt


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

            CRIMINAL APPLICATION (APL) NO. 1227 OF 2019


 1.       Narendra S/o. Murlidhar Sharma,
          Aged 57 Years, Occu. : Agriculturist,

 2.       Laxmikant @ Lucky S/o. Narendra Sharma,
          Aged 26 Years, Occu. : Agriculturist,

 3.       Both R/o. Durga Apartment, Flat No.A-3,
          Nityanand Nagar, Gourakshan Road,
          Akola, Tq. & Dist.- Akola.              .....APPLICANTS

                               ... VERSUS ...

 1.     State of Maharashtra
        Through Police Station Officer,
        Police Station, Barshitakli,
        Tq. - Barshitakli, Dist.- Akola.

 2.     Pawan @ Sandip S/o. Omprakash Sharma,
        Aged 35 Years, Occ.- Agriculturist,
        R/o. Yeranda, Tq. Barshitakli,
        Dist.- Akola.                       .....NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri D. I. Jain, Advocate for the Applicants.
 Shri V. A. Thakare, Additional Public Prosecutor for the Non-applicant
 No.1/State.
 Shri N. R. Tekade, Advocate for 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.146/2018 dated 12.04.2018

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

offences punishable under Sections 307, 504 read with Section 34

of the Indian Penal Code.

4. The First Information Report came to be registered

against the applicants with the accusations that on 09.04.2018,

the applicants assaulted brother of informant on head by using

iron rod with an intention to kill him. It is also alleged that the

non-applicant No.2 along with his father and driver tried to

intervene in the matter, but the applicants also assaulted the non-

applicant No.2 and his father.

5. Since there were cross-complaints filed against the

applicants and the non-applicant No.2, both the parties have

mutually resolved their disputes.

6. During pendency of the proceedings, the non-applicant

No.2 has communicated to the Superintendent of Police, Akola

stating that since the First Information Report came to be

registered due to the dispute of the property, the family members

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

resolved their dispute and have decided to withdraw the

complaints against each other. The applicants have therefore,

filed present application for setting aside the First Information

Report.

7. 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. Insofar as the offence under Section

307 of the Indian Penal Code is concerned, though it is a 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

Court, 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 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 brother of 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 filed against the

applicants.

8. We, therefore, pass the following order :

The First Information Report No.146/2018 dated

12.04.2018 registered with the non-applicant no.1 - Police Station

against the applicants for the offences punishable under Sections

307, 504 read with Section 34 of the Indian Penal Code is quashed

and set aside.

9. Rule is made absolute in the above terms.

                                   JUDGE                     JUDGE



RGurnule