Bombay High Court
Samrat Ashok Shah (Wrongly Mentioned As ... vs The State Of Maharashtra Thr. Pso, Ps, ... on 6 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8795-DB
1 apl937.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.937/2024
1. Samrat Ashok Shah (wrongly mentioned
as Samrat Shah Sagar Shah in first
information report), age 34,
Medical Practitioner, R/o 404, Kumar
Shridhar Society, Opposite Fashion
Factory, Mukund Nagar, Pune 411 037.
2. Sagar Ashok Shah,
age 36, Occ. Dentist,
R/o 404, Kumar Shridhar Society,
Opposite Fashion Factory,
Mukund Nagar, Pune 411 037.
3. Prashant Ramesh Shah,
age 56, Occ. Private,
R/o D 503, DSK Chandradeep Society,
Mukund Nagar, Pune 411 037. ... Applicants
- Versus -
1. State of Maharashtra,
through Police Station Officer,
Police Station Akola, Distt.
Nagpur (Railway).
2. Manjusha Laxmanrao Dhole (Dhake),
age 38, Occ. Assistant Police Inspector,
R/o Sant Dnyaneshwar Ward at Post
Hinganghat, Distt. Wardha presently
Resident C/o Rajesh Kelekar, behind
Central Bank, Chaprashipura,
Distt. Amravati. ... Non-applicants
2 apl937.2024
-----------------
Mr. R. R. Vyas, Advocate for the Applicants.
Ms. M.H. Deshmukh, A.P.P. for Non-applicant No.1/State.
Mr. P.V. Navlani, Advocate for Non-applicant No.2.
----------------
CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ .
DATED: 6.8.2024.
ORAL JUDGMENT (Per Vinay Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of learned counsel for the parties.
2. This is an application seeking to quash F.I.R. in Crime
No.0127/2024 registered by non-applicant No.1 for the offence
punishable under Sections 143, 294, 504 and 506 of Indian Penal
Code on account of settlement.
3. The incident, in short, is that on 24.3.2023 while the
informant lady was travelling with her brother by train there was
oral altercation in the passengers i.e. in between informant and
applicant along with her companions. On the basis of said
3 apl937.2024
occurrence informant has lodged report with Police Station
Bhusawal Railway which was transferred to Nagpur Railway
Police Station.
4. It is informed that on the basis of same occurrence
counter F.I.R. No.0130/2024 was also lodged by Shital Shaha in
which applicant and her brothers are accused. Since the
occurrence was in between unknown passengers obviously there
was no intention and as the cross cases are filed wisdom prevailed
on both sides to settle the matter. Having regard to the nature of
occurrence we see no difficulty in accepting the settlement for
quashing. Informant Manjusha is present before us who is
identified by her Advocate. She stated that since the applicants
and their companions apologized she do not wish to prosecute
further.
5. It reveals that the incident arose abruptly in between
co-passengers. The offence cannot be termed as grave or
antisocial. Now the matter is settled. Thus, the continuation of
prosecution would amount to abuse of process of law.
4 apl937.2024
6. Learned Advocate Mr. Vyas would submit that the
applicants would deposit costs of Rs.25,000/- for rotating the
police machinery.
7. In view of the above, application is allowed.
We hereby quash and set aside F.I.R. in Crime
No.0127/2024 registered by non-applicant No.1 for the offence
punishable under Sections 143, 294, 504 and 506 of Indian Penal
Code.
The applicants shall deposit costs of Rs.25,000/- with
High Court Bar Association, Nagpur within one week from today.
Stand over to 19.8.2024 for noting compliance.
MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 12/08/2024 11:20:01
