Bombay High Court
Manpreet Singh S/O Sarabjeet Singh ... vs The State Of Maharashtra Thr. Pso, Ps, ... on 13 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9259-DB
Judgment 938 apl 936.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 936/2024
Manpreet Singh s/o Sarabjeet Singh
Jolly, aged about 33 yrs., Occ. Business,
R/o. Opposite Dr. Mukharjee House,
Kadbi Chowk, Bezonbagh,
Nagpur - 440004 (Presently in Central
Jail Nagpur).
... APPLICANT
VERSUS
1. The State of Maharashtra,
through P.S.O., Police Station,
Panchpaoli, Dist. Nagpur.
2. Mr. Prashant s/o. Ganesh Gajbhiye,
aged about 26 yrs., R/o. Manav Nagar,
Teka Naka Nari Road, Plot No.365,
Kapil Nagar, Nagpur.
3. Mr. Swapnil s/o. Shivraj Neware,
Aged about 29 yrs., Occ. Business,
R/o. Pritam Apartment, Teka Naka,
Nagpur.
... NON-APPLICANTS
---------------------------------
Mr. S. Dewani, Advocate for applicant
Mr. N. Joshi, APP for non-applicant No.1.
Mr. G.L. Agrawal, Advocate for non-applicant Nos. 2 & 3.
----------------------------------
Judgment 938 apl 936.24
2
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 13.08.2024.
ORAL JUDGMENT (PER: VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ("FIR") vide Crime No. 442/2024 registered with Police
Station Panchpaoli, Nagpur for the offence punishable under Sections
326, 504 of the Indian Penal Code on account of settlement.
4. It is informant's case that on 09.05.2024 around at 10.00
p.m he along with his friend Swapnil (injured) went to the liquor shop
run by the applicant. After consuming liquor, they were chit-chatting
very loudly, on which accused who is owner of liquor shop came with
baseball stick and assaulted both of them. Particularly accused hit
baseball stick on the right hand of Swapnil and dealt blow at left leg of
the informant causing sever injury therefore, the report.
Judgment 938 apl 936.24
5. On the basis of the report, the Police have carried
investigation which is at the verge of completion. In the meantime,
the parties have settled the differences out of the Court and entered
into compromise. Informant and injured have filed affidavit stating
that considering the abrupt occurrence to maintain cordial relations,
they have decided to settle the matter and accordingly they do not
wish to go with the prosecution.
6. The contents of reply-cum-affidavit have been verified
before this court. We have examined the Police Papers with special
reference to the injury reports. It reveals that the informant Prashant
has sustained simple injuries whilst injured Swapnil sustained a
fracture at his right hand. It reveals that neither the sharp edged
weapon was used nor assault was on the vital part of the body.
7. The parties are knowing to each other and out of minor
ruckus, the incident occurred. By the time, with the intervention of
relatives and friends, the dispute is settled, looking to all aspects,
continuation of prosecution would not yield any result. In view of
Judgment 938 apl 936.24
that, continuation of prosecution amounts to abuse of the process of
the Court. Since the Police have carried out investigation, the
applicant has shown his willingness to deposit Rs. 25,000/- towards
costs.
8. In view of above, application is allowed. We hereby quash
and set aside FIR vide Crime No. 442/2024 registered with Police
Station Panchpaoli, Nagpur for the offence punishable under Sections
326, 504 of the Indian Penal Code on account of settlement.
9. The applicant shall deposit cost of Rs. 25,000/- with the
High Court Bar Association, Nagpur within two weeks from today.
10. Stand over to 27.08.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 21/08/2024 10:45:42
