Bombay High Court
Aishwarya D/O Shailesh Sharma And ... vs State Of Mha. Thr. Pso Ps Sitabuldi ... on 1 December, 2021
Bench: M.S. Sonak, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1274 OF 2021
1. Miss. Aishwarya D/o. Shailesh Sharma,
Age 24 years, Occ. Legal Practitioner
2. Vivek S/o. Shailesh Sharma,
Aged 28 years, Occ. Service,
3. Anmol S/o. Dhananjay Sharma,
Aged about 23 years, Occ. Student,
All R/o. Juni Oli, Kamptee, Dist. Nagpur.
4. Kunal S/o. Rakesh Chandnani,
Age 29 years, Occ. C.A.,
R/o. Kadbi Chowk, Nagpur.
5. Gauraang S/o. Anubhav Shiksharthi,
Aged about 37 years, Occ. Business,
R/o. 401, Park Residency, Khare Town,
Nagpur.
6. Sagar S/o. Manoj Sharma,
Aged about 27 years, Occ. Private,
R/o. Illusions Cafe, Dharampeth, Nagpur.
7. Pranav S/o. Hemant Mhaiskar,
Aged about 26 years, Occ. Business,
R/o. Flat No. 1, Sundaram Apartment,
Baba Farid Nagar, Zingabai Takli,
Katol Road, Nagpur. . . . APPLICANTS
...V E R S U S..
State of Maharashtra through
Police Station Officer,
Police Station Sitabuldi,
Nagpur. . . . NON-APPLICANT
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Shri J. M. Gandhi, Advocate for applicant nos. 1 to 4.
Shri R. R. Chhabra, Advocate for applicant nos. 5 to 7.
Mrs Mrunal Barbde, A.P. P. for non-applicant/State.
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CORAM :- M. S. SONAK AND
PUSHPA V. GANEDIWALA, JJ.
DATED :- 01.12.2021
ORAL JUDGMENT (PER : M. S. SONAK, J.) :-
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable forthwith at the request
and with the consent of the learned counsel for the parties.
3. The applicant no. 1 is a practicing Advocate of this Court
and the complainant in one of the First Information Reports (FIR),
which are sought to be quashed, is present in the Court. By this joint
application, the applicants have stated that they are not willing to
proceed against each other in pursuance of the FIR and counter FIRs
lodged by them. The learned counsel for the applicant no. 5, who has
filed counter complaint against the applicant no. 1, is also present and
confirms that the matter has been settled.
4. Having regard to the allegations and counter allegations,
as also the Sections which are invoked for registration of the impugned
FIRs and the decision of the Hon'ble Supreme Court in the case of
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Narinder Singh Vs. State of Punjab [(2014) 6 SCC 466] , we see no
good reason not to accept the joint application made by the parties
through their counsel.
5. The offenses alleged are personal in nature, though some
of them are non-compoundable. The complaints and the counter
complaints came to be filed on account of the incident that took place
on 15.05.2021 at 'Illusion Cafe' restaurant. Having regard to what is
described in the FIRs, we do not think that the issue of public policy is
involved in this matter.
6. Therefore, we accept this joint application and quash the
impugned FIRs.
7. Rule in this application is made absolute in terms of
prayer clause (i) of the application, which reads as follows :-
"(i) Quash and set aside the F.I.R. No. 0226/2021 respondent for
offences under section 354, 324, 504, 506 of the Indian Penal Code
lodged by the Applicant no. 1 and F.I.R. No. 0227/2021 under
Section 294, 323, 427, 505 read with Section 34 of the Indian Penal
Code lodged by the applicant no. 5 both dated 21.05.2021
[Annexure-1 AND 2] with the respondent."
(PUSHPA V. GANEDIWALA, J.) (M. S. SONAK, J.)
RR Jaiswal
