Bombay High Court
Victar S/O Shamrao Gajbhiye vs State Of Mah. Thr. Pso In-Charge ... on 6 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.760 OF 2020
Mr. Victar s/o. Shamrao Gajbhiye,
Age 29 years old, Occu. Govt.-Servant,
R/o. Shubhash Ward, Ganeshpur,
Post +Tah+Dist. Bhandara,
441904, Maharashtra. .... APPLICANT
// VERSUS //
1) State of Maharashtra,
Through Police Station in-charge,
Having his office at P.S. Bhandara,
Dist. Bhandara, Maharashtra, 441803.
2) Mr. Narendra s/o. Baburao Ramteke,
Age 43 Years, Occ. Reporter,
R/o. Kudegaon, Taq. Lakhandur,
Dist. Bhandara, 441803. .... NON-APPLICANTS
Shri N.P. Meshram, Advocate for applicant
Shri N.S. Rao, Addl. P.P. for State
________________________________________________________________
CORAM : V. M. DESHPANDE AND
ANIL S. KILOR, JJ.
DATE : 06th JANUARY, 2021.
JUDGMENT: [PER: Anil S.Kilor, J.]
Rule. Rule made returnable forthwith. The matter is
heard finally with the consent of the learned counsel for the parties.
2. By the present application under Section 482 of the
Code of Criminal Prosedure, the applicant is praying for quashing
and setting aside the First Information Report vide crime No.229 of
2020, registered with Police Station, Lakhandur, District Bhandara,
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on a complaint lodged by the non-applicant No.2 for the offences
punishable under Section 294 and 506 of the Indian Penal Code.
3. It is the case of the prosecution that the non-applicant
No.2 lodged a criminal report, stating therein that he is working as
Press Reporter with Dainik Navbharat and Navrashtra. On
01.10.2020, at 3.00 p.m., he visited the Tahsil Office, Lakhandur
and met the present applicant and sought information regarding the
case in respect of the Zudpi Jungle. The present applicant gave
necessary information to the non-applicant No.2. While obtaining
the information from the applicant, the non-applicant No.2 did not
threaten or create any obstacle and as per the information received,
the article was published in Dainik Navrashtra on 03.10.2020 under
the caption "1500 vfrdze.k/kkjd outfeuhP;k iV~;kiklwu oafpr 'kklu
iq<kdkjkph xjt". The non-applicant No.2 stated that he has not alleged
anything against any officer or employees and even did not make
any complaint in that regard.
4. It is further stated that as per the telephonic call
received from the applicant on 15.10.2020, the non-applicant No.2
visited the Tahsil Office. At that time the applicant abused the non-
applicant No.2 in filthy language, which was reported to the
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Tahsildar and filed the report. On the basis of the said report, the
non-applicant No.1 registered offence against the present applicant
for the aforesaid offences.
5. We have heard Shri Meshram, the learned counsel for
the applicant and Shri N.S. Rao, the learned Additional Public
prosecutor for the State. The non-applicant No.2 is personally
present in the Court.
6 Shri Meshram, the learned counsel for the applicant
submits that the non-applicant No.2 and the applicant, have settled
the dispute. It is submitted that in view of the settlement between
the applicant and the non-applicant No.2, the non-applicant No.2
does not want to proceed in the matter and therefore, he prays for
quashing of the First Information Report in question.
7. On the other hand, learned Additional Public Prosecutor
for the State strongly opposes the said request and prays for
dismissal of the application.
8. This Court vide order dated 20.11.2020, issued notice
and accordingly the non-applicant No.2 was served. Today, the non-
applicant No.2 is personally present in the Court and he has
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accepted the fact of compromise and during interaction, he has
informed to this Court that out of misunderstanding and in a fit of
rage, the compliant came to be lodged. However, on realization,
now he does not want to proceed in the matter.
9. Looking to the fact that the non-applicant No.2, does
not want to proceed in the matter and as it is stated that because of
misunderstanding and in a fit of anger, the complaint was lodged by
him against the applicant, it is unlikely that the prosecution against
the applicant would culminate into conviction, even if, the applicant
is forced or compelled to face the trial. Thus, to secure the ends of
justice, we are of the considered view that in the peculiar facts and
circumstances of the present case, this Court should exercise the
jurisdiction under section 482 of the Code of Criminal Procedure.
Accordingly, we pass following order:
ORDER
i) The criminal application is allowed.
ii) The First Information Report No.229 of 2020, dated
05.10.2020, registered with Police Station Lakhandur, District
Bhandara, against the applicant for the offences punishable under
Section 294 and 506 of the Indian Penal Code, is hereby quashed
and set aside.
923-apl-760-2020(JUG).odt
iii) The application is dispose of, no order as to costs.
JUDGE JUDGE
nd.thawre
