Bombay High Court
Faiz Anwar Ijaz S/O Ahmed Ansari ... vs State Of Maharashtra, Thr. Police ... on 23 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 93 OF 2021
1. Faiz Anwar Ijaz S/o. Ahmed Ansari,
Aged about 19 years, Occ. Student,
R/o. Welcome Society, J K Ashiyana
Apartment, Boregaon, Gorewada Road,
Nagpur.
2. Shahzad S/o. Hafiz Sheikh,
Aged about 23 years, Occ. Student,
R/o. Old Colony, Near Thapar High School,
Chandrapur- 442901.
3. Tabsheer S/o. Zasheeruddin Faraz,
Aged about 20 years, Occ. Student,
R/o. Mominpura, Near Jama Masjid,
Nagpur - 440018.
4. Prashant Tarun Kuthe,
Aged about 20 years, Occ. Student,
R/o. Plot No. 27, Dahake Layout,
B/H DivyaNagri, Near Arti Town,
Godhani (Railway), Nagpur- 441111.
5. Yogendra Chindu Ghorpade,
Aged about 23 years, Occ. Student,
R/o. R.B. II 31/B, Gard Line,
Mahatma Fule Bazar, Nagpur- 440018.
6. Mohammad Ilyas S/o. Sheikh Sattar,
Aged about 19 years, Occ. Student,
R/o. Godhani Railway Basti,
Near Datt Mandir, Godhani,
Nagpur - 441111.
7. Paras Ashok Khalate,
Aged about 21 years, Occ. Student,
R/o. Plot No. 399, Mhada Colony Road,
Near Mata Mandir, Godhani (Railway),
Nagpur- 441111.
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8. Ritesh Sanjay Gravkar,
Aged about 24 years, Occ. Student,
R/o. Godhani Road, Godhani (Railway),
Nagpur - 441111.
9. Alkesh Santosh Choudhary,
Aged about 21 years, Occ. Student,
R/o. House No. 2375, Plot No. 105,
Godhani Road, Near Arti Town,
Lokhande Layout, Godhani (Railway),
Nagpur - 441111.
10. Aarthik Subhash Gajbhiye,
Aged about 19 years, Occ. Student,
R/o. Near BSNL Office, Shiv Chatrapati
Nagar, Godhani (Railway), Godhani,
Nagpur - 441111.
11. Santkumar S/o. Dashrat Maraskolhe,
Aged about --- years, Occ. Labour,
R/o. House No. 1027, Nag Mandir,
Godhani (Railway), Godhani,
Nagpur - 441111. . . . APPLICANTS
...V E R S U S..
State of Maharashtra through its
Police Station Officer,
Police Station Koradi,
District- Nagpur. . . . NON-APPLICANT
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Shri Abdul Subhan, Advocate for applicants.
Shri S. S. Doifode, A.P.P. for non-applicant/State.
-----------------------------------------------------------------------------------------------
CORAM :- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATED :- 23.07.2021
JUDGMENT (PER : AMIT B. BORKAR, J.) :-
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1. Hearing was conducted through Video Conferencing and
learned counsel agreed that the audio and visual quality were proper.
2. Rule. Rule is made returnable forthwith. Heard finally by
consent of the parties.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have filed joint application
challenging registration of the First Information Report (FIR) No.
514/2020 registered with non-applicant-Police Station for the offence
punishable under Sections 143, 147, 149, 448, 323, 324 and 504 of
the Indian Penal Code.
4. The FIR came to be registered against the applicant nos. 4
to 11 alledging that applicant nos. 4 to 11 assaulted applicant nos. 1 to
3 on 23.12.2020 at 9.30 a.m. It is alleged that assailants picked up
wooden stick and iron patti and started assaulting the complainant. It
is also alleged that accused persons assaulted Shahzad Sheikh by fist
and blows.
5. During pendency of the investigation, the applicants have
resolved their dispute and have arrived at settlement. The applicants
have therefore, jointly filed the present application challenging
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registration of the FIR. This Court on 19.01.2021 issued notice to the
non-applicant/State. The non-applicant has filed reply dated
22.01.2021 pointing out that the Investigating Officer has obtained
CCTV footage of the spot of the incident and injury report of injured-
Tabsheer Faraz was also obtained. It is stated that the material
collected so far by the Investigating Officer prima facie revels
ingredients of offence alleged against the applicant nos. 4 to 11. It is
stated that since the offence alleged against the applicant nos. 4 to 11
are serious in nature, the application deserves to be dismissed.
6. We have carefully considered the allegations in the FIR
and case diary produced by the learned A.P.P. We have also considered
the injury certificate produced on record. The injury certificate shows
that the injured- Tabsheer Faraz had abrasion injuries. It is true that
the offence alleged against applicant nos. 4 to 11 are serious offence
but, at this stage it would be profitable to refer the judgment of
Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab
reported in (2014) AIR(SCW) 2065. The decision of the Hon'ble Apex
Court makes it clear that Court cannot decline to quash criminal case
in which FIR incorporates a particular provision, which is a serious
offence or an offence against the society. The Court shall make all
endeavor whether the FIR indeed discloses the ingredient of such
offence and Court can accept the settlement and quash the FIR if
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the Court is of the opinion that such offence is unnecessarily
incorporated in the FIR.
7. In the facts of the present case, the offence alleged against
the applicant nos. 4 to 11 are under Sections 323 and 324 of the
Indian Penal Code alongwith other offences. On perusal of the injury
certificate issued by Indira Gandhi Government Medical College and
Hospital (IGMCH), Nagpur, we are satisfied that essential ingredients
of offence under Sections 323 and 324 of the Indian Penal Code are
missing. On perusal of the case diary also it is apparent that there is
no material, which discloses essential ingredients of offence under
Sections 323 and 324 of the Indian Penal Code.
8. Insofar as offence under Sections 143, 147, 149, 448 and
504 of the Indian Penal Code are concerned, in our opinion, on perusal
of the case diary and reply of the non-applicant, the essential
ingredients of the said offence are not made out against applicant nos.
4 to 11.
9. In view of the ratio laid down by the Hon'ble Apex Court
in the case of Narinder Singh (supra) and in view of the fact and
circumstances of the present case, we are satisfied that the FIR against
the applicant nos. 4 to 11 deserves to be quashed.
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10. We, therefore, pass the following order :-
First Information Report No. 514/2020, dated 23.12.2020
registered with non-applicant- Police Station and punishable under
Sections 143, 147, 149, 448, 323, 324 and 504 of the Indian Penal
Code against the applicant nos. 4 to 11 is hereby quashed and set
aside.
Rule is made absolute in the above terms.
JUDGE JUDGE
RR Jaiswal
