Sewakaram Ganpati Bihune And 2 ... vs The State Of Maharashtra Thr. ...
2023 Latest Caselaw 2146 Bom

                                                                                       J-APL-262-2023.odt
                                            1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          NAGPUR BENCH, NAGPUR.
  CRIMINAL APPLICATION (APL) NO.262 OF 2023

APPLICANTS                         : 1 Sewakaram Ganpati Bihune,
                                       Age : 52 Years, Occ: Private,

                                       2 Janakraj Ganpati Bihune,
                                         Age: 43 Years, Occ: Private,
                                       3 Anil Ganpati Bihune,
                                         Age: 49 Years, Occ: Private,

                                            All are R/o. Mahendi, Post -
                                            Nayakund,     Mahendi,      Parseoni,
                                            Nagpur (Rural), Tah. Ramtek & Distt.:
                                            Nagpur,
                                            ..VERSUS..

RESPONDENT                         : 1      The State of Maharashtra,
                                            Through Police Station Officer,
                                            Parseoni, Nagpur (Rural), Tah.
                                            Ramtek, & Distt.: Nagpur [Copies
                                            already served to the Government
                                            Pleader Office, High Court, Bench at
                                            Nagpur.]

                                       2 Namdeo Naryan Taywade,
                                         Age: 70 Years, Occ: Private, R/o
                                         Mahendi, Post - Nayakund, Parseoni,
                                         Nagpur (Rural), Tah. Ramtek, &
                                         Distt.: Nagpur.
-----------------------------------------------------------------------------------------
       Mr J. S. Chilotra, Advocate for the Applicants.
       Mr M. J. Khan, Addl. P. P. for Respondent No.1/State.
       Ms P. K. Adnani, Advocate for Respondent No.2.
--------------------------------------------------------------------------------------------------------
                                                         J-APL-262-2023.odt
                             2

    CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

    DATE    : 3rd MARCH, 2023.

ORAL JUDGMENT : (PER : VINAY JOSHI, J.)


.          Heard finally by consent of the learned Counsel

appearing for the parties.


           Admit.

2. This is an application in terms of Section 482 of the

Code of Criminal Procedure, 1973, seeking to quash the First

Information Report (FIR) in Crime No.36 of 2019, registered

with Parseoni Police Station, Nagpur (Rural), for the offence

punishable under Sections 324 and 504 read with Section 34

of the Indian Penal Code, 1860 (IPC) alongwith charge-sheet

and related criminal case bearing RCC No.2 of 2020. It is

submitted that since the parties are belonging to same

community and village, the matter has been settled, and

therefore, they urge for quashing all the entire proceedings.

3. It reveals from the police papers that the parties are

residing in same village and have neighboring agricultural land.

Out of land dispute, the incident occurred in which applicants J-APL-262-2023.odt

have dealt stick blows on the person of informant, and

therefore, the report. Though, initially crime was registered for

the offence punishable under Section 324 of the IPC, charge-

sheet came to be filed for Section 325 of the IPC. The Trial

Court has framed charge under Section 326 of the IPC also.

4. It is not denied that the parties are villagers resident

of same vicinity and have neighboring agricultural land. In

order to maintain cordial relations and harmony, with

intervention of neighbors, they have settled the dispute. The

informant has filed his reply affidavit stating about the

settlement and his no objection to quash the FIR. Likewise, the

informant is present before us, who has identified by his

Advocate Ms Adnani. On enquiry, he has submitted that he

does not want to prosecute the criminal case, as there was a

settlement. The offence is of personal nature, which cannot be

termed as grave or heinous one. Since the matter is settled,

there is no purpose in continuing the criminal proceeding as it

would be exercise in futility.

5. We have brought to the notice of the applicants that

as per medical certificate, the informant age old man sustained J-APL-262-2023.odt

various injuries at his ribs and chest. At this juncture, upon

instructions, applicants' learned Counsel submitted that the

applicants would pay sum of Rs.5,000/- each to the informant

towards medical expenses, which he has already borne.

6. In view of above, criminal application is allowed.

7. We hereby quash and set aside the FIR in Crime

No.36 of 2019 alongwith charge-sheet and related criminal case

bearing RCC No.2 of 2020.

8. The applicants shall deposit the sum of Rs.15,000/-

in aggregate (Rs.5,000/- each) in the Bank Account of

informant on or before 14.03.2023. Place the matter on

15.03.2023 for noting compliance.

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

TAMBE

Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:03.03.2023 19:31