Ram S/O. Ramesh Chachire vs The State Of Mah. Thr. Pso, Ps ...
2023 Latest Caselaw 3486 Bom

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

                 CRIMINAL APPLICATION (APL) NO. 478 OF 2023

                Ram s/o Ramesh Chachire, a/a 32 years,
                Occ. Labour, r/o Bajpayee Ward, Gondia,
                Tah. And distt. Gondia.
                                                              ... APPLICANTS

                                      VERSUS

       1.       The State of Maharashtra, through
                the P.S.O. of P.S. Gondia City, Gondia,
                Tah. & Distt. Gondia.

       2.       Aakash s/o Rajesh Chhadimalak, a/a
                31 years, Occ. Labour,

       3.       Pradip s/o Bhola Chhadimalak, a/a
                47 yrs, Occ. Labour,

       N.A. No. 2 & 3 r/o Sawratoli, Subhash
       Ward, Gondia, Tah. & Dist. Gondia.

                                                          ... NON-APPLICANTS

  _____________________________________________________________
         Shri R.K. Borkar, Advocate for the applicant.
         Shri Rode, A.P.P. for the non-applicant/State.
         Shri I.S. Charlewar, Advocate for non-applicant nos. 2 and 3.
  ______________________________________________________________


                  CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 10/04/2023.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

Heard. ADMIT.

2. The matter is taken up for final hearing by consent of

learned Counsel appearing for the respective parties.

3. This is an application seeking to quash the First Information

Report (FIR) vide Crime No.11 of 2014 registered with the Gondia City

Police Station for the offence punishable under Sections 307 read with

Section 34 of the Indian Penal Code, Sections 3(1)(x), 3(2)(v) of the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989, on account of settlement in between the parties.

4. The crime was registered at the instance of the report dated

12.01.2014 lodged by one Aakash Chhadimalak alleging that

co-accused Shaym Chachire assaulted injured by means of knife whilst

applicant Ram Chachire assisted the co-accused in the occurrence. The

Police have investigated the matter and prepared the charge-sheet. As

the applicant was absconding, the charge-sheet came to be filed against

him in terms of Section 299 of the Code of Criminal Procedure.

Co-accused Shyam was put on trial in Sessions Criminal Case No.3 of

2016. In said proceeding, injured and eye-witness did not support the

prosecution case, resultantly, the trial against main accused Shyam

ended into acquittal on 30.09.2022. Besides that the informant and

injured have settled the matter with the applicant, and filed affidavit to

that effect. Both of them also appeared before this Court and agreed

about the settlement and gave no objection to quash the FIR.

5. The allegations of actual assault are against the co-accused,

who has already been acquitted. Moreover, the matter is settled and

hence, continuation of prosecution amounts to abuse of the process of

Court. Considering the peculiar facts of this case, we are inclined to

invoke our inherent jurisdiction.

6. In view of that, the application is allowed. We hereby

quashed and set aside the First Information Report vide Crime No.11 of

2014 registered with the Gondia City Police Station for the offence

punishable under Sections 307 read with Section 34 of the Indian Penal

Code, Sections 3(1)(x), 3(2)(v) of the Scheduled Caste and Scheduled

Tribe (Prevention of Atrocities) Act, 1989 only to the extent of the

applicant Ram s/o Ramesh Chachire. The application stands disposed

of accordingly. No order as to costs.

             (BHARAT P. DESHPANDE, J.)                    (VINAY JOSHI, J.)

  Trupti