Sayed Yunus Pervez S/O Zafrul ... vs State Of Mah. Thr. Pso, Ps, ...
2023 Latest Caselaw 11519 Bom

2023:BHC-NAG:16435-DB

                                                       1



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH, NAGPUR.
                                CRIMINAL APPLICATION NO.785 OF 2022

                    1.     Syed Yunus Pervez s/oZafarul Islam,
                           aged 64 years, Occupation : Retired,
                           Government Officer, R/o A/44-45,
                           Gandhi Layout, Jafar Nagar, Nagpur, Ta.
                           And Dist. Nagpur.

                    1A.    Dr. Shizan Pervez, Age 35 years, Occ.
                           Doctor, R/o A/44 Gandhi Layout, Jafar
                           Nagar, Katol Road, Ta. And Dist. Nagpur.

                           (Amended as per order dated
                           18/04/2023)
                                                                      ... APPLICANTS


                                                   VERSUS


                    1.     State of Maharashtra, through Police
                           Station Officer, Police Station
                           Gittikhadan, District Nagpur.

                    2.     Yusuf Jamil Sheikh s/o Shakeel
                           Anjum Sheikh, Aged 38 years, R/o
                           Flat 202, Elegant Apartment, Gandhi
                           Layout, Jafar Nagar, Nagpur, Tq. And
                           Dist. Nagpur.

                                                            ... NON-APPLICANTS.
                 _____________________________________________________________
                          Shri S.V. Sirpurkar, Advocate for the applicants.
                          Ms. Haider, Addl.P.P. for the State.
                          Shri R. Mirza, Advocate for the non-applicant no.2.
                 ______________________________________________________________
                                    2




              CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.

DATED : 08.11.2023.

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

Heard. ADMIT.

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

learned Counsel appearing for the parties.

3. This is an application seeking to quash the charge-sheet

which has been numbered as R.C.C. No.1443 of 2022 pending on the

file of the Judicial Magistrate First Class, Nagpur arising out of Crime

No.496 of 2021 registered with the Gittikhadan Police Station, Nagpur

City for the offence punishable under Sections 447, 352, 323, 504,

506(2) read with Section 34 of the Indian Penal Code. The quashing is

sought on account of the mutual settlement.

4. The informant and applicants are neighbors. There was a

minor dispute on account of the falling of dried leaves of a tree that

was adjacent to the compound wall. On such a trifling issue, there was

a quarrel in which applicant no.1 abused the informant in filthy

language. Family members of the informant intervened, however, the

applicant no.1 and his son both man handled and threatened them by

show of revolver and a gun. In said occurrence, the informant's mother

Nashid Anjum as well as cousin brother Amin Khan sustained minor

injuries.

5. The Police have investigated the matter and filed the

charge-sheet. It is informed that yet charges have not been framed. In

the meantime, with the aid and intervention of the community people,

the matter has been amicably settled. The parties have filed a Joint

Affidavit stating about the settlement. The informant is a practicing

advocate, who is present before the Court. He has stated about the

settlement and his non-inclination to go on with the prosecution.

Particularly, he would submit that since the parties are neighbors, the

matter has been settled. The informant has also filed a Pursis stating

that his mother and cousin brother have no objection to quash the

proceedings and they apprise him to communicate the said to this

Court.

6. It is brought to the notice that the Police machinery has

been rotated and the Court is required to take steps in the criminal

case. At this juncture, learned Advocate Shri S.V. Sirpurkar upon

instructions, made a statement that the applicants would deposit sum

of Rs.20,000/- towards costs.

7. Taking the over all view of the matter, it reveals that on the

trifling issue, there was a quarrel. The emotions run high hence the

incident of threat by show of gun was occurred. The parties are the

neighborers and belongs to the same community. The offence cannot be

termed as heinous or anti-social. Particularly, in order to maintain

peace and harmony in the vicinity, we are inclined to quash the

proceedings.

8. In view of the above, following order is passed :

(a) The application is allowed and disposed of.

(b) We hereby quash and set aside the charge-sheet which has been numbered as R.C.C. No.1443 of 2022 pending on the file of the Judicial Magistrate First Class, Nagpur arising out of Crime No.496 of 2021 registered with the Gittikhadan Police Station, Nagpur City for the offence punishable under Sections 447, 352, 323, 504, 506(2) read with Section 34 of the Indian Penal Code.

(c) The applicants shall deposit costs of Rs.20,000/- with the High Court Bar Association, Nagpur on or before 10.11.2023.

9. Place the matter for noting the compliance on 28.11.2023.

                                             (M.W. CHANDWANI, J.)               (VINAY JOSHI, J.)

                                Trupti


Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 10/11/2023 11:38:06