Bombay High Court
Ramlal @ Vinod Tanbaji Shambharkar And 3 ... vs The State Of Maharashtra Through Pso Ps ... on 9 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8840-DB
45 apl 1033-2024.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1033/2024
1. Ramal @ Vinod Tanbaji Shambharkar,
Aged about 49 years, Occ. Driver,
2. Manorama @ Wnmala w/o Ashok
Shambharkar, Aged about 65 years,
Occ. Household,
3. Naval s/o Ashok Shambharkar,
Aged about 38 years, Occ. Painter,
All 1 to 3 R/o Galli No.12,
Republican Nagar, Behind Punjabi
Line, Indora, Nagpur 440014
4. Abdul Shakil Abdul Salam,
Aged about 44 years, Occ. Labour,
R/o Kundanlal Gupta Nagar,
Near Nuri Manzil, Yashodhara
Police Station Yashodhara Nagar, Nagpur
....APPLICANTS
...VERSUS...
1. State of Maharashtra, through
Police Station Officer,
Police Station Jaripatka,
Nagpur
2. Shri Milind s/o Baliram Khobragade,
Aged 50 years, Occ. Business,
R/o Hudko Colony, Quarter No.14/18,
Behind Sai Mandir, Jaripatka,
45 apl 1033-2024.odt 2/5
Nagpur, and R/o house No.1384,
New Indora, Republic Nagar, Nagpur
...NON-APPLICANTS
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Shri N.R. Tekade, Advocate for applicants
Ms S.S. Jachak, Addl. P.P. for non-applicant No.1/State
Shri A.S. Shula, Advocate for non-applicant No.2
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CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ..
DATED : 09/08/2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of learned Counsel for both the parties.
3. This is an application seeking to quash the criminal
proceedings i.e. Sessions Trial No.307/2022, arising out of First
Information Report in Crime No.861/2021, registered with Police
Station, Jaripatka, Nagpur for the offences punishable under
Sections 307, 326 and 34 of the Indian Penal Code and Section 135
of the Maharashtra Police Act, on account of settlement.
4. At the instance of report lodged by informant, namely
Milind s/o Baliram Khobragade, initially a crime was registered
for the offences punishable under Sections 326 read with 34 of
Indian Penal Code. During the course of investigation, with
permission of Court, Section 307 has been added and accordingly,
chargesheet has been filed. It is the informant's case that the
applicants are neighbouring residents. There happened to be a
boundary dispute, on which, the parties were in rival terms. On
the date of occurrence, they had a quarrel, in which, applicants
have beated informant as well as his uncle Shriram by means of
spade, bricks, fist blows and kicks. On the basis of said report,
prosecution was initiated.
5. It is informed that the learned trial Court has framed
charges and evidence of only one punch witness has been
recorded. At this juncture, the parties who are neighbours have
realised their mistake and for maintaining cordial relations, they
have settled the differences. Moreover, a Civil Suit was pending in
between them, which was also disposed by way of settlement. The
informant Milind as well as injured Shriram have filed their
affidavit stating about settlement and no objection to quash the
proceeding. Both of them are present before us, who are identified
by their advocates. They have reiterated the contents of affidavit
and gave no objection.
6. Though the provision under Section 307 has been
added, it is submitted that the injuries are merely laceration and
are not life threatening. It is informed that both injured were
discharged on the very day from the Hospital. Pertinent to note
that initially the offence was registered under Section 326 of the
Indian Penal Code. No sharp edged weapon was used in the
occurrence. The parties are neighbouring resident sharing a
common compound wall. In order to maintain peace and
harmony in the locality, they have arrived on settlement.
Moreover, boundary dispute was also resolved by entering into
compromise in Civil Court. In above peculiar facts, continuation
of prosecution amounts to abuse of the process of the Court.
7. In view of above, we proceed to pass the following
order:
ORDER
i) The Criminal Application is allowed.
ii) We hereby quash and set aside the criminal proceedings i.e.
Sessions Trial No.307/2022, arising out of First Information
Report in Crime No.861/2021, registered with Police Station,
Jaripatka, Nagpur for the offences punishable under Sections 307,
326 and 34 of the Indian Penal Code and Section 135 of the
Maharashtra Police Act.
8. Rule is made absolute in above terms. No costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 12/08/2024 18:59:04
