Ashok S/O Bhagwansingh Thakur vs State Of Mah. Thr. Police Station, ...
2022 Latest Caselaw 4307 Bom

         Judgment                          1                     apl574.19.odt




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

                    CRIMINAL APPLICATION (APL) NO. 574/2019


         1]    Ashok S/o Bhagwansingh Thakur,
               Aged about 47 years, Occ. Service

         2]    Vidya W/o Ashok Thakur,
               Aged about 42 years, Occ. Household,

         3]    Ankush S/o Ashok Thakur,
               Aged about 17 years, Occ. Student,

         4]    Maya D/o Shravankumar Singh,
               Aged about 50 years, Occ. Household,

         5]    Manish S/o Mahendra Singh,
               Aged about 8 years, Occ. Business,

               All R/o. Behind Carmel Academy, Tukum,
               Tah. & District Chandrapur
               Tq. & Dist.
                                                          .... APPLICANT(S)

                                     // VERSUS //

         1]    State of Maharashtra,
               Through Police Station Officer,
               Police Station Ramnagar, Chandrapur

         2]    Avdesh Krishnasingh Thakur,
               Aged about 50 years, Occ. Business,
               R/o. Postal Colony, Near Ayappa Temple,
               Behind Carmel Academy School, Chandrapur

                                                      .... NON-APPLICANT(S)

ANSARI
          Judgment                           2                          apl574.19.odt




         *******************************************************************
                     Shri R.K. Borkar, Advocate for the Applicant(s)
                    Shri T.A. Mirza, APP for the Non-applicant/State
               Shri N.A. Chawhan, Advocate for the Non-Applicant No. 2
         *******************************************************************

                       CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

APRIL 25, 2022

ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)

1] RULE. Rule is made returnable forthwith. Heard finally by

consent of the parties.

2] By filing the present Application, the Applicants are praying

for quashment of the F.I.R. No. 559/2019 registered with Police Station

Ramnagar, Chandrapur for the offences punishable under Sections 143,

147, 294, 323 and 506 of the Indian Penal Code.

3] Perused the reply filed on behalf of the Prosecuting Agency.

The incident in question has occurred on 29/04/2019. On the said day, it

appears that two First Information Reports were lodged with Police

Station Ramnagar, Chandrapur. The Applicants in this Application and

the Non-Applicant No. 2 are having their houses adjacent to each other.

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          Judgment                            3                          apl574.19.odt

It appears from the First Information Report that the incident has

occurred in view of fixing of the cooler. The Applicant No. 2 herein

lodged the First Information Report against the Non-Applicant No. 2

and others on 29/04/2019 at 14:04 hours in respect of the incident dated

29/04/2019 occurred at 9 O' clock in the morning. According to the said

First Information Report, when the Applicant No. 2 and her husband

who is the Applicant No. 1 were trying to fix the cooler in view of the

ensuing summer season, they were obstructed by the Non-Applicant

No. 2 and that time the Non-Applicant No. 2 used very abusive words.

4] It appears that after registration of the crime by the

Applicant No. 2 against the Non-Applicant No. 2, the Non-Applicant

No. 2 also approached the Police Station on the very same day at 14:23

hours and for the very same incident, he also lodged the report against

the Applicants. The said First Information Report is registered as F.I.R.

No. 559/2019 for the offences punishable under Sections 143, 147, 294,

323 and 506 of the Indian Penal Code, which is under challenge in this

Application. From recital of the First Information Report, it is clear that

the dispute occurred in respect of fixation of the cooler. Here also,

ANSARI Judgment 4 apl574.19.odt

according to the Non-Applicant No. 2, the Applicants used abusive

language. It is reported to the Court that the warring parties are

discharging their duties in the Police Department.

5] Be that as it may, the First Information Report which is

under challenge in this proceedings appears to be counter blast to the

report lodged by the Applicant No. 2. In our view, there appears to be a

dispute about who is the owner. Looking to the nature of the acquisitions

made in the First Information Report, we are of the view that this

proceedings needs to be dropped at this stage so that both the warring

parties can lead their life happily.

6] Resultantly, we pass the following order:-

(a) The Application is allowed.

(b) F.I.R. No. 559/2019 registered with the Police Station

Ramnagar, Chandrapur for the offences punishable

under Sections 143, 147, 294, 323 and 506 of the

ANSARI Judgment 5 apl574.19.odt

Indian Penal Code is hereby quashed and set aside qua

the present Applicants.

Rule is made absolute in the above terms. Pending

Application(s), if any, stand(s) disposed of.

                                                 (JUDGE)                             (JUDGE)




   Signed By:AKRAM PARVEZ
   MAQSOOD AHMAD ANSARI
   Private Secretary to Hon'ble Judge
   Signing Date:27.04.2022 14:49

ANSARI