Bombay High Court
Balu S/O Rupaji Damodar And 4 ... vs State Of Mah. Thr. Pso Ps Nandura ... on 17 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.779.21-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 779 OF 2021
1. Balu S/o. Rupaji Damodar,
Aged about 55 years, Occ. Business,
R/o. Khedgaon, Rajat Nagar,
Malkapur, Distt. - Buldhana.
2. Bhagwat S/o. Murlidhar Munde,
Aged about 36 years, Occ. Farmer,
3. Bhagwan S/o. Dayaram Patil,
(Wankhade),
Aged about 47 years, Occ. Farmer,
4. Govinda S/o. Dayaram Patil,
(Wankhade),
Aged about 52 years, Occ. Farmer,
5. Kailash S/o. Dayaram Patil (Wankhade),
Aged about 40 years, Occ. Farmer,
The applicant No. 2 to 5 are resident of
Khedgaon, Tahsil - Nandura,
Distt. - Buldhana. ......APPLICANTS
... VERSUS ...
The State of Maharashtra,
Through Police Station Officer,
Nandura Police Station,
Tahsil - Nandura, Dist. Buldhana. ......NON-APPLICANT
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Shri Amit R. Prasad, Advocate for the Applicants.
Shri S. S. Doifode, Additional Public Prosecutor for the Non-applicant/State.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 17.08.2021.
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 have jointly requested for
quashing and setting aside the First Information Report
No.331/2021 dated 20.06.2021 registered with the non-applicant
- Police Station for the offences punishable under Sections 323,
392, 506 of the Indian Penal Code and Sections 3(1)(r) and 3(2)
of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
4. The First Information Report came to be registered
against the applicant Nos. 2 to 5 with the allegations that the
applicant Nos. 2 to 5 had assaulted the applicant No.1. It is also
alleged that the applicant Nos.2 to 5 hurled abuses in the name of
caste against the applicant No.1.
5. During pendency of the investigation, the applicants
have arrived at settlement and have decided not to continue the
prosecution lodged against the applicant Nos.2 to 5.
6. Today, the applicant No.1 is present in the Court. The
applicant No.1 stated that he has no objection for setting aside the
First Information Report lodged against the applicant Nos.2 to 5 as
they have mutually resolved their dispute.
7. We have carefully considered the allegation in the First
Information Report and the material on record. On careful
consideration of the material on record, we are satisfied that the
ingredients of the offences alleged against the applicant Nos. 2 to
5 are not made out, even if, the allegations are taken on their face
value.
8. 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.
9. 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 323, 392 of the
Indian Penal Code are not fulfilled. Since the applicants have
mutually resolved their dispute, chances of conviction are bleak.
10 On careful consideration of the allegations in the First
Information Report and the material on record, we are satisfied
that there is no impediment in quashing the First Information
Report against the applicant Nos.2 to 5.
11. We therefore, pass the following order :
the First Information Report No.331/2021 dated
20.06.2021 registered against the applicant Nos.2 to 5 with the
non-applicant - Police Station for the offences punishable under
Sections 323, 392, 506 of the Indian Penal Code and Sections
3(1)(r) and 3(2) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 is quashed and set
aside.
12. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
