Pramod Shankar Dongre vs The State Of Mah,Thr P.So. P.S ...
2022 Latest Caselaw 3878 Bom

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

           CRIMINAL APPLICATION (APL) NO. 415 OF 2019


1. Pramod s/o Shankar Dongre
   Aged about 50 years, Occ: Agriculturist,

2. Bhushan s/o Pramod Dongre
   Aged 24 years, Occ: Education,

3. Praful Pramod Dongre,
    Age 21 years, Occ: Education
    All R/o Wadegaon, Tq. Balapur,                             ---APPLICANTS
    District Akola.
           ---VERSUS---

1. State of Maharashtra,
    Through Police Station Officer,
    Police Station, Balapur, District Akola


2. Yogesh s/o Jagdeorao Rahudkar,
    Age 28 years, Occ: Agriculturist,
    R/o Wadegaon, Tq. Balapur,
                                                               --NON-APPLICANTS
    District Akola.

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Shri U.J. Deshpande, Advocate for the Applicants.
Shri S.S. Doifode, Additional Public Prosecutor for Non-applicant No.1/State.
Ms Garima Jain, Advocate h/f Shri S.V. Sirpurkar, Advocate for Non-applicant
no.2.
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            CORAM :      V. M. DESHPANDE AND
                         AMIT BORKAR, JJ.

            DATE     :   11th APRIL, 2022.


JUDGMENT : (PER - AMIT BORKAR, J.)


1.          Heard.

2. Rule. Rule made returnable forthwith.

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicants are challenging registration of

the First Information Report bearing No.35 of 2019 dated

25.01.2019 registered with the non-applicant no.1 - Police Station

for the offences punishable under Sections 307, 387,

342,452,294,323 read with Section 34 of the Indian Penal Code.

4. The First Information Report (FIR) came to be registered

against the applicants with the accusations that applicants

assaulted non-applicant no.2 and threatened to commit murder of

non-applicant no.2.

5. The applicants have filed present application

challenging the FIR.

6. This Court on 23.04.2019 issued notices to the non-

applicants. In pursuance of which, the non-applicant no.1-

investigating agency has filed reply.

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7. During the pendency of the present application, the

applicants and non-applicant no.2 have mutually arrived at

settlement. The applicants and non-applicant no.2 are present in

the Court. The non-applicant no.2 has stated that the matter is

amicably settled.

8. We have carefully scrutinized First Information Report

and the reply filed by the non-applicant no.1. On careful perusal,

we are satisfied that essential ingredients of offences alleged

against the applicants are not fulfilled. We have also considered

the nature of injuries alleged against the applicants. We are

satisfied that considering the nature of injuries ingredients of the

offence alleged against the applicants are not attracted.

7. The decision of the Hon'ble Apex Court in the case of

Narinder Singh & others Vs. State of Punjab & anr. reported in

(2014) AIR SCW 2065, 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 offence against society. The Court has to

make an endeavour to find out whether the information in the

First Information Report indeed discloses the ingredients of such

offence and the Court can accept the settlement and quash the 4 apl415.19.odt

report/charge-sheet only after the Court is of the opinion that

such an offence is unnecessarily incorporated in the First

Information Report/charge-sheet.

8. In view of amicable resolution of dispute between the

applicants and non-applicant no.2, there is no impediment for

quashing the First Information Report against the applicants.

9. We therefore pass the following order :

First Information Report bearing No.35 of 2019 dated

25.01.2019 is quashed and set aside.

The applicants shall deposit an amount of ₹25,000/-

(Rupees Twenty Five Thousands only) to the High Court

Legal Services Sub-Committee, Nagpur within a period of

two weeks from today. In case of failure to deposit the

amount as directed, the present order setting aside the FIR

stands recalled without further reference to the Court.

Place this application on 29.04.2022 for compliance.

Rule is made absolute in above terms. Pending application(s),

if any, stand(s) disposed of.

                                             JUDGE                                     JUDGE

Signed By:SURESH RAOSAHEB
                          Wagh
WAGH
Personal Assistant
to the Hon'ble Judge
Signing Date:13.04.2022 16:52