Shivshankar S/O Rajaram Ramteke ... vs State Of Mah. Thr. Ps Tah. ...
2021 Latest Caselaw 629 Bom

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

                CRIMINAL APPLICATION (APL) NO.32 OF 2021


          1.       Shivshankar S/o Rajaram Ramteke,
                   Aged about 42 years,
                   Occupation : Service.
                   R/o Near Railway Line 643, Lashkaribagh,
                   Ghasiyaripura,
                   Dr. Ambedkar Marg,
                   Nagpur,
                   Tah. & District - Nagpur.

          2.       Shubham alias Jhinga S/o Jaraklal Dhanore,
                   Aged about 22 years,
                   Occupation : Business,
                   R/o Tandapeth, Basod Sq.Nagpur.
                   Tah. And Distric Nagpur.

          3.       Vrushabh S/o Radhesham Paigwar,
                   Aged about 26 years,
                   Occupation Business,
                   R/o Pili Marbat Chowk, Lal Darwaja,
                   Pachpaoli, Nagpur.                  . . . . APPLICANTS

                             .....VERSUS......

                   State of Maharashtra through
                   Through Police Station Tahsil,
                   District Nagpur City.                                          . . . NON-APPLICANT

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                   Shri Virat S. Mishra, Advocate for applicants.
                   Shri S.D.Sirpurkar, APP for the respondent.
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                                        CORAM :-              Z. A. HAQ AND
                                                              AMIT B. BORKAR, JJ.

DATED :- 12.01.2021

ORAL JUDGMENT (Per Amit B. Borkar, J.)

apl32.21..odt

1. Heard.

2. Rule. Rule made returnable forthwith. Heard by

consent of the learned Advocate and learned APP appearing

for the respective parties.

3. This is an application filed under Section 482 of the

Code of Criminal Procedure, challenging the First

Information Report dated 27.12.2020 registered by the non-

applicant - Police Station, vide Crime No.0733 of 2020 for

offences punishable under Sections 294, 506 (2) 34 of the

Indian Penal Code read with Sections 4 and 25 of the Arms

Act.

4. The First Information Report came to be registered

against the applicant nos.2 and 3 by the applicant no.1 with

the allegation that the applicant no.1 being Manager of one

Suresh Saoji Bar and Restaurant was threatened by the

applicant nos.2 and 3 by sharp weapons and threatened to

kill the applicant no.1.

5. The applicants have, therefore, approached this Court

by way of the present application with the case that the

applicant no.1 was in confused state of mind, which resulted

into registration of the impugned First Information Report. It

apl32.21..odt

is submitted that the applicants have resolved issued

between them. It is stated that the offence is registered on

27.12.2020 and the investigation has just started.

6. The application is affirmed by all the three applicants.

The aggrieved person namely the applicant no.1 has also

affirmed the present application.

7. It can thus be seen that the matter has been amicably

settled between the parties. From the perusal of the First

Information Report, it transpires that the allegations in the

First Information Report, are personal in nature. In these

circumstances and in specially in view of the law laid down

by the Supreme Court in the case of Narinder Singh and

others Vs. State of Punjab and anr. reported in AIR 2014

SCW 2065, we find that no purpose would be served by

keeping the criminal proceedings pending except burden the

Criminal Courts which are already have burdened.

8. Accordingly, the First Information Report dated

27.12.2020 registered by the non-applicant - Police Station,

vide Crime No.733/2020 for offences punishable under

Sections 294, 506 (2) 34 of the Indian Penal Code read with

Sections 4 and 25 of the Arms Act, against the applicant

apl32.21..odt

nos.2 and 3 is quashed and set aside.

Rule is absolute in the aforesaid terms.

                         JUDGE                                    JUDGE

 Ambulkar