Mohd. Aslam Mohd. Yusuf And 12 ... vs State Of Mah. Thr. Pso Ps Akot ...
2021 Latest Caselaw 16609 Bom

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

   CRIMINAL APPLICATION [APL] NO.823 OF 2020


     1]     Mohd. Aslam Mohd. Yusuf
            Age 27 years, Occupation-agriculturist

     2]     Mohd. Hussain Mohd. Yusuf
            Age 26 years, Occupation-agriculturist

     3]     Mohd. Mohseen Mohd. Yusuf
            Age 33 years, Occupation-agriculturist

     4]     Mohd. Mobin Mohd. Yusuf
            Age 25 years, Occupation-agriculturist

     5]     Mohd. Matin Mohd. Yusuf
            Age 37 years, Occupation-agriculturist

     6]     Mohd. Javed Mohd. Yusuf
            Age 29 years, Occupation-agriculturist

     7]     Abdul Majid Abdul Tamij
            Age 33 years, Occupation-agriculturist

     8]     Abdul Tamij Abdul Yunus (Dead),
            Age 66 years, Occupation-agriculturist

     9]     Abdul Shakil Abdul Tamij
            Age 37 years, Occupation-agriculturist

     10] Abdul Akil Abdul Tamij
         Age 36 years, Occupation-agriculturist

     11] Abdul Adil Abdul Tamij
         Age 28 years, Occupation-agriculturist

     12] Abdul Sabir @ Harun Abdul Tamij
         Age 26 years, Occupation-agriculturist




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  13] Abdul Abid Abdul Tamij
      Age 35 years, Occupation-agriculturist

         Above all R/o. Panaj, Taluka : Akot,
         District : Akola.                           ..             Applicants


                                .. Versus ..

  The State of Maharashtra,
  Through P.S.O. of P.S. Akot (Rural),
  District-Akola.                                    ..             Non-
                                                                    Applicant


              ..........
  Mr. P.W. Mirza, Advocate for the applicants,
  Mr. M.J. Khan, APP for the non-applicant.
              ..........


                  Coram:          M.S. Sonak and
                                  Pushpa V. Ganediwala, JJ.

                  Date:           01.12.2021.



  JUDGMENT (PER: M. S. SONAK, J.)

Heard the learned counsel for the parties.

2. Rule. The rule is made returnable forthwith at the

request of and with the consent of the learned counsel for the

parties.

3. This is a joint application for quashing of first

information reports and counter first information reports. The

offense is alleged in FIR No.337/2019 includes inter alia an offense

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under Section 307 of the Indian Penal Code amongst others. The

rest of the offenses concern the provisions of Sections 143, 147, 148,

149, 323, 324, 325, 504 of the Indian Penal Code.

4. The joint petition refers to the civil disputes between the

parties which have been listed in paragraph 9 of this petition. The

petition points out that now a settlement has been arrived at

between the parties in the civil litigation through the intervention of

elders, friends, and well-wishers and there are statements in the

petition that the family members have now resolved their disputes

and leave a peaceful life henceforth.

5. In Narinder Singh and others .vs. State of Punjab and

another, (2014) 6 SCC 466, the Hon'ble Supreme Court has clarified

that merely because FIR/charge-sheet incorporates provisions of

Section 307 of the Indian Penal Code would not, by itself, be a

ground to reject the petition under section 482 of the Code of

Criminal Procedure and refuse to accept the settlement between the

parties. In this case, detailed guidelines have been provided as to the

circumstance in which the Court can accept a settlement between the

parties and quash the proceedings even in cases where Section 307

of the Indian Penal Code is invoked.

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6. On the perusal of the guidelines which are to be found in

paragraph 29 of Narinder Singh (supra), we are satisfied that the

dispute between the parties had a predominately civil character. The

disputes were between the family members and therefore, even the

crimes, as alleged, need not be treated as crimes against society.

Besides, these are cases of complaints and counter complaints lodged

by the parties against each other in the background of the civil

disputes between them. Now that the civil disputes have been

settled, we see no reason not to quash the impugned FIR/Complaints

in the peculiar facts as borne out from the record.

7. Besides, we note that the applicants recognizing that the

police machinery, as well as the judicial institutions, had to devote

precious time and energy to attend to their complaints, have

deposited by way of costs Rs.50,000/- to the High Court Bar

Association, Nagpur. A receipt to this effect is filed under the cover

of a pursis, is taken on record. Some of the applicants are present in

the court today and they state that they have resolved their inter se

disputes and are now not desirous in pursuing their complaints and

counter complaints against each other.

8. Having cumulative regard to all the aforesaid

circumstances, we accept this application and quash and set aside the

impugned FIR/Charge-sheet/Complaints referred to in the prayer

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clauses of this application. The rule is made absolute in terms of

prayer clauses (i), (ii) and (iii), which reads as follows :

(i) Charge sheet no.144/2019 (Annexure-B) and the FIR no.337/2019 (Annexure-A), for the offences punishable u/s. 307, 326, 324, 143, 147, 148, 149, 294 of the Indian Penal Code and u/s 4, 25, 27 of Arms Act registered at police station Akot (Rural), District-Akola and the consequential proceedings registered as S.T. No.11/2020 pending on the file of Learned District & Sessions Judge, Akot against applicant no.1 to 6;

(ii) Charge Sheet no.141/19 (Annexure-D) and the FIR no.338/2019 (Annexure-C) for the offences punishable u/s 143, 147, 148, 149, 323, 324, 325, 504 of the Indian Penal Code registered at police station, Akot (Rural), District-Akola and the consequential proceedings registered as R.C.C. no.283/2019, pending on the file of Learned 2 nd Jt. C.J.J.D. & J.M.F.C., Akot against applicant no.7 to 13.

(iii) Criminal Complaint No.435/20, Abdul Tamij Abdul Yunus v/s Mohd. Anis Mohd. Yusuf + 3 pending on the file of JMFC, Akot.

9. Rule is made absolute in the aforesaid terms. There shall

be no order for costs.

          (Pushpa V. Ganediwala, J.)                             (M.S. Sonak, J.)

Gulande