Bombay High Court
Vishnu S/O. Samadhan Ingle vs State Of Mah. Thr. Pso, Ps Channi, ... on 25 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
Judgment apl459.23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 459/2023.
Vishnu s/o Samadhan Ingle,
Aged about 40 years,
Occupation - Advocate, resident
of Umra, Tahsil Patur,
District Akola. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer
Police Station Channi, Tahsil
Patur, District Akola.
2.Pravin s/o Ganesh Chipde,
Aged about 20 years,
Occupation - Agriculturist,
resident of Umra, Tahsil Patur,
District Akola. ... NON-APPLICANTS.
---------------------------------
Mr. A.M. Tirukh, Advocate for the Applicant.
Mr. A.M. Kadukar, A.P.P. for Non-applicant No.1/State.
Mr. S.B. Gandhe, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : APRIL 25, 2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard finally by consent of the learned Counsel present
for the parties.
Admit.
2. This is an application seeking to quash the first
information report bearing Crime No.17/2013 registered with the
Channi Police Station, Akola for the offence punishable under
Sections 147, 148, 149, 323, 324, 326, 452, 504 and 506 of the
Indian Penal Code, along with the related Criminal Case bearing
Regular Criminal Case No.119/2013 pending on the file of the
Judicial Magistrate, First Class, Patur, District Akola, on account of
settlement. The learned Counsel for the applicant submitted that
though charges are framed, however, yet trial has not commenced.
3. At the instance of a report lodged by non-applicant No.2 -
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Pravin, the aforesaid crime came to be registered. It is the
prosecution case that because of an incident of inciting a village girl,
quarrel erupted. On the date of incident, the applicant along with
several others have assaulted the informant party by means of axe,
stick, iron pipes etc. In the said incident, several persons got injured
for which the report was lodged.
4. During the pendency of the proceedings before the trial
Court, the matter was settled in between the applicant Vishnu
Samadhan Ingle, informant and all other injured. In that regard,
affidavit of settlement has been filed by all of them vide list dated
20.04.2023, which list is taken on record and marked "A" for
identification. By and large, the informant and the injured have filed
affidavits stating that since the parties are related to each other, they
have settled the dispute out of Court. It is submitted that in order to
maintain harmony in the village, they have decided to resolve the
dispute, and therefore, gave no objection for quashing of the
proceedings as regards to the present applicant only.
5. We have examined the police papers and find that the
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allegations levelled against the applicant is of use of stick in the
occurrence. The parties are related to each other, and are residing
in the same village. It is also stated in the affidavit that in a heat of
anger, the informant and injured have named the applicant in the
incident, which assumes significance.
6. We have gone through the injury certificate, which almost
shows simply injury. Since the matter is settled and parties are
related to each other, it is desirable to accede to the request of
maintaining harmony in the vicinity. At this juncture we have
invited attention of the parties to the aspect that the criminal case is
pending before the Trial Court for near about 10 years. The learned
Counsel appearing for the applicant, upon instructions submitted
that the applicant is ready to deposit an amount of Rs.15,000/-
towards costs.
7. Having regard to the nature of allegations, the offence
cannot be termed as heinous or antisocial. Moreover, the villagers
have settled the dispute and therefore, we do not find any
impediment in quashing the proceeding as regards to the applicant.
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In view of that, following order is passed.
ORDER
[i] Criminal Application is allowed and disposed of.
[ii] The first information report bearing Crime No. 17/2013
registered with the Channi Police Station, Akola for the
offence punishable under Sections 147, 148, 149, 323,
324, 326, 452, 504 and 506 of the Indian Penal Code,
along with the related Criminal Case bearing Regular
Criminal Case No.119/2013 pending on the file of the
Judicial Magistrate, First Class, Patur, District Akola is
hereby quashed and set aside against the applicant -
Vishnu Samadhan Ingle only, on condition that the
applicant deposits an amount of Rs.15000/- with the
High Court Bar Association, Nagpur on or before
02.05.2023.
[iii] List the matter for reporting compliance on 03.05.2023.
JUDGE JUDGE
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