Kamal Rameshlal Gulani And ... vs State Of Mha. Thr. Pso Ps Jaripatka ...
2022 Latest Caselaw 7853 Bom

                                                                               923 APL-966-2022
                                           1

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              NAGPUR BENCH, NAGPUR.
     CRIMINAL APPLICATION (APL) NO.966 OF 2022
 {Kamal Rameshlal Gulani and Anr. ..Vrs.. State of Maharashtra and
                             Anr.}
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions        Court's or Judge's order
and Registrar's orders.
              Ms N. S. Pathan, Advocate for the Applicants.
              Shri A. S. Fulzele, Addl. P. P. for the Respondent no.1/State.

CORAM : MANISH PITALE AND VALMIKI SA MENEZES, J.J.

                  DATE         : 11th AUGUST, 2022.

              .        At the outset, the learned counsel appearing for the

applicants submits that inadvertently a joint application

came to be filed in the present case. Leave is sought to

transpose applicant no.2 as respondent no.2, as he is the

original informant/complainant.

2. On the oral prayer, leave is granted to carry out the

transposition.

3. The amendment be carried out forthwith.

4. Heard finally with consent of the learned counsel

appearing for the parties.

5. In this application, quashing of FIR bearing no.3102

of 2007 dated 08.04.2007, registered at Police Station 923 APL-966-2022

Jaripatka, Nagpur, is sought along with quashing of charge-

sheet filed in pursuance of completion of investigation.

6. It is submitted that the First Information Report

(FIR) stood registered as a result of minor quarrel between

the applicants and respondent no.2, arising from a game of

cricket. It is submitted that a minor dispute snowballed into

the aforesaid registration of FIR and consequent filing of

charge-sheet. It is submitted that the incident is of the year

2007 and with passage of time, the parties have come

round to settling the dispute and that the respondent no.2

i.e. the original informant/complainant has no objection for

allowing the prayer for quashing of FIR and charge-sheet

made on behalf of the applicants.

7. The learned counsel appearing for the applicants

submits that this Court may exercise inherent power under

Section 482 of the Criminal Procedure Code (Cr.P.C.) for

quashing of FIR and charge-sheet, considering the peculiar

facts and circumstances of the present case, as no purpose

would be served in sending the matter to trial. Reliance is

placed on State of Madhya Pradesh ..Vrs.. Laxmi Narayan 923 APL-966-2022

and others, 2019 (5) SCC 688.

8. Shri Fulzele, learned Additional Public Prosecutor

has appeared on behalf of the respondent no.1/State and he

is unable to dispute the proposition of law laid down by the

Hon'ble Supreme Court in the aforementioned judgment.

9. In the aforesaid case of State of State of Madhya

Pradesh ..Vrs.. Laxmi Narayan and others (supra), the

Hon'ble Supreme Court has taken into consideration the

earlier judgments in the cases of Gian Singh ..Vrs.. State of

Punjab and another, 2012 (10) SC 303, and Narinder

Singh and others ..Vrs.. State of Punjab, 2014 (6) SCC 466.

It was found that in the case of Narinder Singh ..Vrs.. State

of Punjab (supra), it was reiterated that the High Court can

indeed exercise inherent power to quash FIR concerning

even those offences, which are not compoundable, provided

such an order meets the ends of justice and prevents the

abuse of the process of any Court. It was also emphasized

that the High Court would examine the possibility of

conviction and if it was found that the same was remote and

bleak and continuation of the criminal case would put the 923 APL-966-2022

accused to great oppression and prejudice and extreme

injustice would be caused by not quashing the criminal

case, such power could be exercised. The said position was

clarified and further reiterated in paragraph 15 of the said

judgment in the case of State of Madhya Pradesh ..Vrs..

Laxmi Narayan and others (supra).

10. Applying the said position of law to the admitted

facts of the present case and taking the contents of the FIR

and charge-sheet as it is, we find that this is an appropriate

case for exercising power for quashing the FIR and charge-

sheet. The FIR stood registered as a result of a trivial

dispute between the parties during the course of a cricket

match. The incident itself is of the year 2007 and with

passage of time, the parties have come round to settling

their dispute. It is found that the dispute is essentially of a

private nature and that it does not involve any heinous or

serious offence.

11. We are of the opinion that the stand taken by the

respondent no.2 i.e. the original informant/complainant

clearly demonstrates that the possibility of conviction is 923 APL-966-2022

remote and bleak and that sending the matter to trial would

only lead to harassment to the applicants as well respondent

no.2. Therefore, it is the fit case to apply the settled

position of law to quash the FIR and charge-sheet.

Accordingly, the criminal application is allowed in terms of

prayer Clause (1), which reads as follows :

"(1) quash Regular Criminal Case No.2542/2007

filed against the applicants Nos.1 under Sections 294,

506, 323 r/w 34 of IPC and pending on the file of

18th Jt. Civil Judge Junior Division and JMFC,

Nagpur."

12. It is made clear that the present order is passed only in respect of the applicants before this Court and not in respect of other accused persons named in the FIR.

13. Application stands disposed of.

(VALMIKI SA MENEZES, J.) (MANISH PITALE, J.)

TAMBE

Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:12.08.2022 17:16