Rahul S/O Satlal Varma And Another vs State Of Mah. Thr. Pso Ps Mankapur ...
2021 Latest Caselaw 10734 Bom

 Judgment                                  1                                 apl716.21.odt




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


                     CRIMINAL APPLICATION (APL) NO. 716/2021


 1]       Rahul S/o Satlal Varma,
          Aged about 35 years, Occ. Nil,

 2]       Mrs. Pallavi W/o Rahul Varma,
          Aged about 32 years, Occ. Household,

          All 1 to 2 R/o. 51, Ganpati Nagar, Nagpur

                                                                  .... APPLICANT(S)

                                    // VERSUS //

          State of Maharashtra,
          Through P.S.O, P.S. Mankapur,
          Nagpur
                                                               .... NON-APPLICANT

  *******************************************************************
                Shri A.S. Band, Advocate for the applicant(s)
              Shri S.S. Doifode, APP for the non-applicant/State
  *******************************************************************

                           CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

AUGUST 10, 2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.




 ANSARI




  Judgment                                   2                                apl716.21.odt




 3]               This is a joint application filed by the applicants for quashing

and setting aside the F.I.R. No. 72/2021, consequent charge-sheet and R.C.C.

No. 1645/2021 registered against the applicant no. 1 by the applicant no. 2

with the non-applicant - Police Station for the offence punishable under

Section 307 of the Indian Penal Code.

4] The first information report came to be registered against the

applicant no. 1 with the accusations that the applicant no. 1 assaulted the

applicant no. 2 with axe. It is alleged that the assault was with an intention

to kill the applicant no. 2. The Investigating Agency carried out the

investigation and filed charge-sheet against the applicant no. 1. During the

pendency of the proceedings, the applicants have mutually resolved their

dispute. It is stated that the applicants are husband and wife and due to

intervention of the elderly persons of both families, the applicants have

decided to resolve their dispute mutually.

5] 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 a serious offence, but 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 & another reported in AIR 2014

ANSARI

Judgment 3 apl716.21.odt

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

endeavour to find out whether the first information report indeed discloses

the ingredients of such offence and the Court can accept the statement and

quash the first information report / charge-sheet after the Court is of the

opinion that such an offence is unnecessarily incorporated in the first

information report / charge-sheet. From perusal of the first information

report and the material produced in the form of charge-sheet, we are

satisfied that the ingredients of the offence under Section 307 of the Indian

Penal Code are not fulfilled.

6] On going through the injury certificate and the statements of

the witnesses, we are satisfied that the injury caused to the applicant no. 2 is

not serious. Since the applicants have mutually resolved their dispute, the

chances of conviction are bleak. We are therefore satisfied that there is no

impediment in quashing and setting aside the first information report,

consequent charge-sheet and R.C.C. No. 1645/2021 pending before the

learned Judicial Magistrate First Class, Court No. 4, Nagpur.

 ANSARI




  Judgment                                     4                                  apl716.21.odt




 7]               Hence, the following order:-

F.I.R. No. 72/2021 registered with the non-applicant - Police

Station and consequent charge-sheet and R.C.C.

No. 1645/2021 pending before the learned Judicial Magistrate

First Class, Court No. 4, Nagpur against the applicant no. 1 for

the offence punishable under Section 307 of the Indian Penal

Code are quashed and set aside.

Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

                   (JUDGE)                                      (JUDGE)




 ANSARI