Bombay High Court
Khomesh S/O Niranjansingh Hirapure And ... vs The State Of Mah. Thr. Pso, Gangazari ... on 10 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi, Anil L. Pansare
2024:BHC-NAG:412-DB
1 apl1689.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.1689/2023
1. Khomesh s/o Niranjansingh Hirapure,
aged 30 years, Occ. Agriculturist,
2. Pinku s/o Niranjansingh Hirapure,
aged 33 years, Occ. Private.
3. Rahul s/o Niranjansingh Hirapure,
aged 24 years, Occ. Service.
All 1 to 3 r/o Bora, Taluka Tiroda,
District Gondia. .....APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
through its Police Station Officer,
Police Station, Gangazari,
Taluka Tirora, District Gondia.
2. Mr. Krishna s/o Haribhau Selokar,
aged 26 years, Occ. R/o Village Bora,
Tq. Tiroda, District Gondia. ...NON APPLICANTS
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Mr. R. R. Vyas, Advocate for applicants.
Mr. A. Badar, A.P.P. for non applicant no.1-State.
Mr. V. Vishwarupe, Advocate for non applicant no.2.
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CORAM:- VINAY JOSHI & ANIL L. PANSARE, JJ.
DATED :- 10.01.2024
ORAL JUDGMENT (Per: Vinay Joshi, J.)
Heard. Admit.
2. The matter is taken up for final disposal by consent of
learned counsel appearing for the parties.
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3. This is an application seeking to quash the First
Information Report in Crime No.0271 of 2023 registered with
Gangazari Police Station, District Gondia for the offence punishable
under Sections 324, 504 read with Section 34 of the Indian Penal
Code, 1860, on account of mutual settlement. It is informed that the
police have added Section 326 of the IPC on receipt of the X-ray
reports, demonstrating fracture in fibula.
4. It is the informant's case that the applicants are residing in
the same vicinity. On 30.07.2023 around 09:00 a.m., while the
informant was proceeding, the applicant no.1 Khomesh abused him
by picking up a quarrel. Within a short time, all the applicants went
to his house and they have beaten him on his hand and legs by means
of wooden rod, causing serious injury. On the basis of the allegations
levelled by the informant, the police have registered crime and
commenced the investigation.
5. In the meantime, with the aid and intervention of the
villagers, the matter has been amicably settled. The informant has
filed an affidavit stating that both sides are having long standing
cordial relations. In order to maintain harmony, the informant has
decided not to go on with the prosecution. The informant has
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appeared in the Court and stated that the matter is settled and he
does not wish to prosecute.
6. We have examined contents of the FIR as well as the
investigation papers including the injury certificate and X-ray report.
It is apparent that all the injuries were caused on the hand and leg of
the informant, meaning thereby not on the vital parts of the body.
The parties are residents of the same village. Since the informant is
not interested in going on with the prosecution, there is every
likelihood that he may not support the prosecution case in trial. In
order to further the cordial relations, to maintain harmony in the
vicinity and to secure the ends of justice, quashing of the proceeding
would be justifiable.
7. We have brought to the notice of the applicants that at
their instance, everything has happened, resulting into registration of
the crime, carrying on the investigation, medical examination and
rest of the things. At this stage, Mr. Vyas, learned counsel appearing
for the applicants, submits that the applicants would deposit a sum of
Rs.50,000/- within one week towards costs.
8. We have taken overall view of the matter. The offence
cannot be termed as heinous or anti social. It has occurred due to a
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private dispute. No injuries were caused on the vital parts of the
body. Having regard to this, we deem it fit to exercise our inherent
powers in favour of the applicants.
9. In view of the above, following order :
(a) The Application is allowed.
(b) We hereby quash and set aside the First Information
Report in Crime No.0271 of 2023 registered with
Gangazari Police Station, District Gondia for the offence
punishable under Sections 324, 326, 504 read with Section 34
of the Indian Penal Code, 1860.
(c) The applicants shall deposit costs of Rs.50,000/-
within one week with Charitable Institution namely, Nagpur
Association for the Rehabilitation of Children and Adults With
Orthopedic And Other Disabilities.
10. Place the matter on 18.01.2024, for noting compliance.
(Anil L. Pansare, J.) (Vinay Joshi, J.)
kahale
Signed by: Kahale
Designation: PS To Honourable Judge
Date: 12/01/2024 12:07:24
