Ram S/O Baban Kale vs State Of Mha. Thr. Pso Ps Vasant ...
2023 Latest Caselaw 8000 Bom

                                          1



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


                     CRIMINAL APPLICATION NO.1643 OF 2022

                Ram s/o Baban Kale, Aged about 22
                years, Occupation : Nil, R/o Govind
                Nagar, Pusad, Tah. Pusad, District -
                Yavatmal.
                                                             ... APPLICANT.

                                      VERSUS


       1.       State of Maharashtra, through
                Police Station Officer, Police Station
                Vasant Nagar, Yavatmal, Distt.
                Yavatmal.

       2.       Shubham Anandrao Atram, Aged
                about 27 years, Occupation : Private
                Service, R/o shivaji Ward, Pusad,
                Tah. Pusad, District Yavatmal.

                                                         ... NON-APPLICANTS.

  _____________________________________________________________
              Shri D.V. Mahajan, Advocate for the applicant.
              Shri Thakare, A.P.P. for the non-applicant/State.
              Shri Pushkar Lawankar, Advocate for non-applicant no.2.
   ______________________________________________________________


                      CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 08.08.2023.

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

Non-applicant no.2(informant) has appeared suo moto

through the learned Counsel Shri Pushkar Lawankar and filed reply-

cum-affidavit stating his no objection to quash the proceedings.

2. Heard. The matter is taken up for final disposal by consent

of learned Counsel appearing for the parties.

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

Information Report ('FIR') along with the charge-sheet relating to crime

No.38 of 2019 registered with the Vasant Nagar Police Station, District

Yavatmal for the offence punishable under Sections 324, 323, 504, 506

read with Section 34 of the Indian Penal Code and 3(2)(va) of the

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

1989, on account of settlement.

4. On 12.02.2019 around 9.00 p.m., while the informant

Shubham Atram was passing from the public road, he was accosted by

four persons in which one of them dealt a knife blow at his face and

others also beat him. On the basis of informant's report, the Police

investigated the matter and filed the charge-sheet for the aforesaid

mentioned offences.

5. On examination, we see that the role assigned to the

applicant Ram Kale is to the extent of causing hurt by a stick. As per the

FIR, the informant's friend namely Sandesh Utale also sustained the

stick injury. The informant has compounded the matter to the extent of

present applicant Ram Kale (accused no.2) only. So far as the other

assailants are concerned, he intent to prosecute as one of them has

dealt a knife blow. By filing an affidavit-cum-reply, the informant

Shubham Atram has stated about the settlement and his no objection to

quash the proceedings. Another injured namely Sandesh Utale is

present before the Court. He has also filed an affidavit stating that he

has also no objection to quash the proceedings. Perusal of entire

charge-sheet, we see that majority of allegations are against the rest of

the accused and the role assigned to the applicant appears to be his

presence and causing a simple hurt. It reveals that besides the

informant and Sandesh, no other has stated about the specific assault

at the hands of the applicant Ram Kale.

6. Learned Counsel appearing for the applicant has pointed

out that due to demise of applicant's father, he has applied for

employment on compassionate ground with the Police Department. He

has produced the documents to show that he has been called on

27.08.2022 for tendering the documents relating to compassionate

appointment. According to the applicant, pendency of existing criminal

prosecution may deprive him from compassionate appointment, and

therefore, he urged for the quashing.

7. On examination of entire material, we see no major

allegations against the present applicant. Both injured have filed an

affidavit in reply stating their no objection to quash the proceedings.

Though allowing of this application would result into quashing the

criminal trial in respect of one of the accused only however we have

noted the peculiar facts about the applicant's avenue of compassionate

appointment. Certainly, pendency of the prosecution may lead the

applicant in loosing his prospects of government job. The ends of

justice can be ceased by quashing the prosecution against the applicant.

8. Considering the above peculiar facts, we are inclined to

exercise our inherent jurisdiction. In view of that following order is

passed :

(a) The application is allowed.

(b) We hereby quash and set aside the First Information Report ('FIR') in crime No.38 of 2019 registered with the Vasant Nagar Police Station, District Yavatmal for the offence punishable under Sections 324, 323, 504, 506 read with

Section 34 of the Indian Penal Code and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 along with the pending criminal case bearing Special Case No.20 of 2019 pending on the file of Additional Sessions Judge, Pusad to the extent of the present applicant Ram s/o Baban Kale only.

9. The application stands disposed of accordingly.

                         (VALMIKI SA MENEZES, J.)               (VINAY JOSHI, J.)

Trupti