Ashish S/O Ashok Raghuvanshi And ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 4376 Bom

         Judgment                         1                      apl577.22.odt




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


                    CRIMINAL APPLICATION (APL) NO. 577/2022


         1]    Ashish S/o Ashok Yadav Raghuvanshi,
               Aged about 30 years, Occ. Private
               R/o. Ganeshpeth Model Mill, Near
               Hanuman Mandir, Ganeshpeth, Nagpur

         2]    Siddhesh Raju Tavre,
               Aged about 22 years, Occ. Private
               R/o. C/o. Nitin Deshpande, Ganeshpeth,
               Vasti Near Minal Kolhe's Hospital,
               Ganeshpeth, Nagpur
                                                        .... APPLICANT(S)

                                    // VERSUS //

               State of Maharashtra,
               Through P.S.O., Ganeshpeth Police Station,
               Nagpur
                                                    .... NON-APPLICANT(S)

         *******************************************************************
                     Shri A.G. Hunge, Advocate for the Applicant(s)
                    Shri T.A. Mirza, APP for the Non-applicant/State
         *******************************************************************

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

APRIL 26, 2022

ORAL JUDGMENT : (PER:- AMIT BORKAR, J.)

ANSARI Judgment 2 apl577.22.odt

1] Heard.

2] RULE. Rule made returnable forthwith.

3] By this Application under Section 482 of the Code of

Criminal Procedure, the Applicants are jointly challenging registration of

the F.I.R. No. 03/2022 registered with the Non-Applicant-Police Station

for the offences punishable under Sections 298, 384 and 506 of the

Indian Penal Code.

4] The First Information Report came to be registered against

the Applicant No. 1 with the accusations that on 31/12/2021 around 11

pm, there was scuffle between the Applicant No. 1 and the Applicant

No. 2 and in the said scuffle, the Applicant No. 2 collided with iron

angle resulting in injury to the Applicant No. 2. During the pendency of

the investigation, the Applicants have mutually arrived at settlement.

The parties have placed on record the compromise deed below

Annexure-B wherein it is stated that the Applicants have agreed to live

peacefully in the same area and therefore they have decided to settle the

ANSARI Judgment 3 apl577.22.odt

matter. It is stated that the Applicants will maintain healthy relationship

towards each other.

5] Today, both the Applicants are present in the Court. The

Applicant No. 2 stated that he does not want to continue with the

Prosecution against the Applicant No. 1 and he has no objection for

quashing the present proceedings against the Applicant No. 1.

6] We have carefully considered the allegations in the First

Information Report and considering the nature of allegations, we are

satisfied that the essential ingredients of the offences alleged against the

Applicant No. 1 are not fulfilled. The substance of the allegations is that

there was scuffle resulting into fall of the Applicant No. 2 on the iron

angle. Since there is neither assault nor any forceful act done by the

Applicant No. 1, we are satisfied that the chances of conviction of the

Applicant No. 1 are bleak. The time saved by settling such matter can be

utilized for other genuine proceedings.

ANSARI
          Judgment                            4                          apl577.22.odt




         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 First Information 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 the ratio laid down by the Hon'ble Apex Court in

the case of Narinder Singh (supra) and in view of the amicable

settlement between the parties, we are satisfied that the First Information

Report against the Applicant No. 1 deserves to be quashed and set aside.

9] Hence, the following order is passed:-

ANSARI
                                     Judgment                              5                     apl577.22.odt

F.I.R. No. 03/2022 registered with the Non-Applicant-

Police Station for the offences punishable under Sections

298, 384 and 506 of the Indian Penal Code against the

Applicant No. 1 is quashed and set aside.

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:28.04.2022 17:22

ANSARI