Bombay High Court
Sheikh Imran Sheikh Kayyum vs State Of Mah. Thr. Its Pso, Ps Ural, ... on 18 October, 2023
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:15397-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO. 1325 OF 2023
Sheikh Imran sheikh Kayyum, Aged
about 36 yrs, Occu- Labour, R/o
Galgaon, Tq. Balapur, Distt. Akola.
... APPLICANT
VERSUS
1. State of Maharashtra, through its
Police Station Officer, Police Station
Ural, Tq. Balapur, Dist. Akola.
2. Sayyad Wasim Sayyad Saifuddin,
Aged about 30 yrs, Occu. Labour.
3. Sayyad Yasim Sayyad Saifuddin,
Aged about 32 yrs, Occu- Auto
Driver.
4. Akil Shah Nasir Shah, Aged about 17
yrs, Occu. Labour.
No.2 to 4 are R/o Bhandapura Chowk, Old
City, Akola, Ural, Tq. Balapur, Dist. Akola.
... NON-APPLICANT.
_____________________________________________________________
Shri S.V. Sirpurkar, Advocate for the applicant.
Shri Doifode, Addl.P.P. for the State.
Shri Anirudh Anantkrishnan, Advocate for the non-applicant nos. 2
to 4.
______________________________________________________________
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CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 18.10.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. By consent of the learned Counsel appearing for the parties,
the matter is taken up for final disposal.
3. This is an application seeking to quash the First Information
Report in Crime No.194 of 2023 registered with the Ural Police Station,
District Akola for the offence punishable under Sections 143, 147, 307,
324, 148, 149, 341, 506 of the Indian Penal Code, Section 25 and 4 of
the Arms Act, as regards to the applicant Sheikh Imran Sheikh Kayyum,
on account of mutual settlement.
4. At the instance of report dated 21.05.2023 lodged by
informant Sayyed Washim Sayyed Safuddin, crime has been registered.
It is the informant's case that on 20.05.2023, around 6.15 p.m., he was
proceeding by riding on motorcycle along with his elder brother Sayyed
Yasin. Both of them were accompanied by their friend Akilshaha
Nasirshaha, who was riding other motorcycle. Abruptly they have been
accosted in the way by several persons, whose names have been stated
in the report. The informant stated that all of them were armed with
weapons namely iron rod, knife, sword, etc. They have assaulted the
informant, his brother and friend by means of weapons causing them
serious injuries and therefore, the report.
5. So far as, the applicant Sheikh Imran is concerned, the
informant stated that the applicant was armed with iron rod along with
six others, who dealt blows at his hand by means of iron rod. The
allegations about the assault by means of knife and sword are against
the co-accused. It is the applicant's contention that out of earlier
dispute, his name has been falsely stated in the FIR. The applicant
would submit that the matter has been amicably settled in between
them. In that regard, the informant along with his brother and friend
(both injured), have filed a reply-affidavit stating about the settlement
and their non-inclination to go on with the prosecution. They have
appeared before us on 09.10.2023 and reiterated their contention
about the settlement and their no objection to quash the proceedings.
6. Learned Addl. P.P. has objected on the ground that the
applicant is the preparator of the crime and the Sessions Court has
rejected his pre-arrest bail. It is submitted that the applicant has
applied to this Court for grant of pre-arrest bail, which is still pending.
Besides that, it is contented that considering the seriousness of the
offence, the matter may not be quashed only on account of settlement.
7. It is a case of assault by a group of persons. We have taken
a note that deadly weapons namely knife and sword were allegedly
used by co-accused with whom there was no settlement. The role
assigned to the applicant is of holding iron rod and there is omnibus
statement that five to six persons holding rod have dealt a blow at the
hand of the informant. So far as the other injured are concerned, there
are no allegations that the applicant has assaulted them. Besides that
the informant has filed an affidavit before the Court of Sessions stating
that the applicant has not assaulted but out of grudge, his name was
mentioned in the FIR amongst other assailants.
8. We have gone through the statement of the informant and
two injured witnesses recorded by the Magistrate in terms of Section
164 of the Code of Criminal Procedure. All of them have not stated
about the participation of the applicant in the occurrence but stated the
names of co-accused. Though the Police have invoked Section 307 of
the IPC, it is evident that even as per the case of the informant besides
the blow at hand by iron rod, there are no other allegations. Moreover,
the informant party and the applicant have settled the matter and they
do not wish to prosecute the case against him. Pendency of pre-arrest
bail application, in our view, may not come in the way of this
proceeding as it has different parameters.
9. Having regard to the above peculiar facts, we are inclined
to invoke our inherent jurisdiction. Hence, the following order :
(a) The Criminal Application is allowed.
(b) We hereby quash and set aside the First Information Report in
Crime No.194 of 2023 registered with the Ural Police Station,
District Akola for the offence punishable under Sections 143,
147, 307, 324, 148, 149, 341, 506 of the Indian Penal Code,
Section 25 and 4 of the Arms Act, as regards to the applicant
Sheikh Imran Sheikh Kayyum only.
10. The application stands disposed of accordingly.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 19/10/2023 18:52:47
