Bombay High Court
Zakaullahkha S/O Sadique Kha And 3 ... vs State Of Mah. Thr. Pso Ps Hiwarkhed ... on 1 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apl357.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 357/2021
1] Zakaullahkha S/o Sadique kha,
Aged about 27 years, Occ. Business
R/o. Khateebpura Akot, Tq. Akot
Dist. Akola
2] Zahidkha S/o Sadique Kha,
Aged about 32 years, Occ. Business
R/o. Khateebpura Akot, Tq. Akot
Dist. Akola
3] Aziz Kha S/o Jamir Kha,
Aged about 30 years, Occ. Agriculturist
R/o. Bandukpura Hiwarkheda,
Tq. Telhara, Dist. Akola
4] Malekha S/o Samadkha,
Aged about 47 years, Occ. Business
R/o. Bandukpura Hiwarkheda,
Tq. Telhara, Dist. Akola
.... APPLICANT(S)
// VERSUS //
State of Maharashtra,
Through P.S.O.,
Police Station Hiwarkhed,
Tq. Telhara, Dist. Akola
.... NON-APPLICANT
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Judgment 2 apl357.21.odt
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Shri A.B. Mirza, Advocate for the applicant(s)
Shri S.S. Doifode, APP for the non-applicant/State
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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
SEPTEMBER 01, 2021
ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.)
1] Heard.
2] RULE. Rule made returnable forthwith.
3] This is joint application filed by the applicants for quashing
the F.I.R. No. 50/2011, consequent Final Report and R.C.C.
No. 187/2011 pending before the learned Judicial Magistrate First Class,
Telhara against the applicant nos. 1 to 3.
4] The first information report came to be registered against the
applicant nos. 1 to 3 at the instance of the applicant no. 4 with the
accusations that the applicant nos. 1 to 3 assaulted one Shaukatullah Kha
(brother of the applicant no. 4) by iron pipe due to dispute of the
agricultural land. The first information report was therefore registered
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Judgment 3 apl357.21.odt
against the applicant nos. 1 to 3 for the offences punishable under
Sections 324, 326, 504 & 34 of the Indian Penal Code.
5] The Investigating Agency carried out the investigation and
filed charge-sheet. During the pendency of the proceedings before the
trial Court, the parties have mutually resolved their dispute as the said
first information report came to be filed due to counter complaints
between the two groups. The applicants have settled both criminal cases
against each other.
6] Today, when the matter is called out, the applicants are
present in the Court. The applicant no. 4 stated before the Court that he
has no objection for quashing the proceedings against the applicant nos. 1
to 3. He stated that he is withdrawing the prosecution against the
applicant nos. 1 to 3 voluntarily and because the counter complaint
against the applicant no. 4 filed by the applicant nos. 1 to 3 is also settled.
7] Having carefully considered the allegations in the first
information report and the material produced before this Court in the
form of charge-sheet, we are satisfied that the material produced by the
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Judgment 4 apl357.21.odt
prosecution in the form of charge-sheet does not fulfill the ingredients of
the offences alleged against the applicant nos. 1 to 3. Since the applicants
have mutually resolved their dispute, we are satisfied that merely because
offences under Sections 324 & 326 of the Indian Penal Code are alleged
against the applicant nos. 1 to 3, the same will not preclude this Court
from quashing the proceedings against the applicant nos. 1 to 3.
8] Though the offences under Sections 324 & 326 of the
Indian Penal Code are serious offences, but at this stage it would be
profitable to refer the judgment of the Hon'ble Apex Court in the case of
Narinder Singh & others Vs. State of Punjab & another reported in AIR
2014 SCW 2065. The decision of the Hon'ble Apex Court makes it clear
that the Court cannot declare to quash the first information report merely
because the first information report incorporates a particular provision
which is a serious offence or an offence against the society. The Court has
to make an endeavour to find out whether the first information report
indeed discloses the ingredients of such offence and the Court can accept
the statement and quash the first information report after the Court is of
the opinion that such an offence is unnecessarily incorporated in the first
information report. From perusal of the first information report and the
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Judgment 5 apl357.21.odt
material produced in the form of charge-sheet, we are satisfied that the
ingredients of the offences under Sections 324 & 326 of the Indian Penal
Code are not fulfilled.
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 settlement between
the parties, we are satisfied that the first information report, final report
and criminal proceedings against the applicant nos. 1 to 3 deserve to be
quashed and set aside.
10] Hence, the following order:-
(a) F.I.R. No. 50/2011 registered with the non-applicant -
Police Station, consequent charge-sheet & R.C.C.
No. 187/2011 pending before the learned Judicial
Magistrate First Class, Telhara against the applicant
nos. 1 to 3 for the offences punishable under Sections
324, 326, 504, 506 & 34 of the Indian Penal Code
are quashed and set aside.
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(b) The amount of Rs. Thirty Thousand deposited by the
applicants shall be transferred to the High Court Legal
Services Sub-Committee, Nagpur.
Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
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