Bombay High Court
Vaibhav @ Chutu Balu Mahendrasingh ... vs The State Of Maharashtra Pso Ps Khadan ... on 2 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1388-DB
Judgment apl193.24
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 193 OF 2024.
Vaibhav @ Chutu Balu
Mahendrasingh Raghuwanshi,
Aged about 26 years,
Occupation - Labour, resident of
Behind Government Milk Scheme,
Pimple Nagar, Tahsil and
District Akola. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through P.S.O., P.S. Khadan,
Tahsil and District Akola.
2.Satish s/o Govindrao Lokhande,
Aged 45 years, Occupation - Auto
Driver, resident of Ganesh Workshop,
Devi Khadan, Kaulkhed Road,
Tahsil and District Akola. ... NON-APPLICANTS.
---------------------------------
Mr. P.V. Navlani, Advocate for the Applicant.
Ms Kolhe, A.P.P. for Non-applicant No.1.
Mr. R. Siddharth, Advocate for Non-applicant No.2.
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Rgd.
Judgment apl193.24
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : FEBRUARY 02, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel present for the parties,
the matter is taken up for final disposal.
2. This is an application seeking to quash the first
information report bearing Crime No.145/2024 registered with
Khadan Police Station, Akola for the offence punishable under
Sections 324 and 506 of the Indian Penal Code, on account of
settlement.
3. The informant, an auto driver, has parked his auto infront
of one hotel. The applicant who is owner of the hotel, came to the
informant and asked him to remove his auto, on which there was a
scuffle, in which the applicant hit at the head of the informant by
means of bracelet, causing him bleeding injury, and therefore, the
Rgd.
Judgment apl193.24
report.
4. With the aid and intervention of the local people, the
matter is amicably settled. The informant has stated that the
incident was at the spur of moment, in which he sustained minor
injury from which he is fully recovered. Having regard to the nature
of occurrence, and to maintain cordial relations the informant do not
wish to prosecute the matter further. The informant has appeared
today in the matter though his Advocate and filed reply affidavit to
that effect. He has equally stated about the settlement and has no
objection to quash the proceeding.
5. Bare reading of the police report indicates that there was
no prior rivalry, but, only at the instance of parking of auto, abruptly
the incident took place. Certainly the way of the applicant to remove
the auto was not correct, but, it had happened as emotions ran high.
Taking into account all the above circumstances, on the canvass of
settlement, continuation of prosecution would result into abuse of
the process of law.
Rgd.
Judgment apl193.24
6. The learned Counsel for the applicant upon instructions
would submit that the applicant would deposit an amount of
Rs.10,000/- [Rs. Ten Thousand only], towards costs borne on
account of rotating police machinery.
7. In view of above, criminal application needs to be
allowed, hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The first information report bearing Crime No.145/2024
registered with Khadan Police Station, Akola for the
offence punishable under Sections 324 and 506 of the
Indian Penal Code, is hereby quashed and set aside.
(iii) The applicant to deposit an amount of Rs.10,000/-
[Rs.Ten Thousand only], with the High Court Bar
Association, Nagpur within a period of four days from
today. List the matter on 08.02.2024 for reporting
compliance.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 05/02/2024 15:00:19
