Bombay High Court
Manik Pundlikrao Ingle vs The State Of Maharashtra Thr. Pso Ps Ajni ... on 24 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12166-DB
Judgment apl11514.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 1514/2024.
Manik s/o Pundlik Ingle,
Aged about 69 years, Occupation
Retired, resident of Plot No.16, Omsai
Nagar, Near Chintamani Nagar,
Besa Road, Nagpur. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Ajni,
District Nagpur.
2.Sau. Veena Nitin Raut Ingle,
Aged about 35 years, resident of
Plot No.16, Omsai
Nagar, Near Chintamani Nagar,
Besa Road, Nagpur. ... NON-APPLICANTS.
---------------------------------
Mr. K.Y. Mandpe, Advocate for the Applicant.
Ms Dhote, A.P.P. for Non-applicant No.1.
Mr. R.G. Nitnaware, Advocate for Non-applicant No.2.
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Rgd.
Judgment apl11514.24
2
CORAM : VINAY JOSHI AND
ABHAY J. MANTRI, JJ.
DATE : OCTOBER 24, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel appearing 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.417/2024 registered with Ajni
Police Station, Nagpur for the offence punishable under Section 109
of the Bhartiya Nyay Sanhita, 2023 and Sections 25 and 3 of the Arms
Act, on account of settlement.
3. The facts of this case are somewhat unusual where a father
has fired a bullet from his licensed gun on the leg of his son under fit
of anger, which resulted into lodgment of the report by wife of the
injured. She has lodged the report stating about the incident. It is
Rgd.
Judgment apl11514.24
informed that in usual household hustle, the applicant got annoyed,
took out his licensed gun, fired at the leg of his son, and therefore the
offence for attempt to commit murder has been registered. The
investigation is complete and charge sheet is filed. Parties have
settled the dispute out of Court.
4. It is informed that till date both parties are residing under
the same roof, as they are father and son. Today the injured Nitin is
present before us, who is accompanied by his wife [informant]. Both
informant and injured have filed reply stating about settlement and no
objection to quash the proceedings.
5. We are well aware that a dangerous weapon like gun is
used by which the bullet was shot, which is an offence of concern.
However, we are mindful of the fact that the parties are closely related
to each other. The injured is son, whilst the applicant/accused is his
father. Out of family disagreement, tamper ran high in which the
father has fired a bullet at the leg of his son by his licensed gun. It is
informed that the injured was admitted in hospital for about 20-25
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Judgment apl11514.24
days, and is now discharged. The injured has stated before us that he
has lost his job and now has been maintained by his father i.e.
applicant/accused.
6. The learned A.P.P. has submitted that the police have
already initiated proceeding for cancellation of the Arms Licence of
the applicant. Moreover, it is updated that the 12 Bore Gun has also
been seized by the police.
7. Considering the peculiarity of fact, we are inclined to
invoke our inherent powers. In view of above, Criminal Application
is allowed and disposed of. The first information report bearing Crime
No.417/2024 registered with Ajni Police Station, Nagpur for the
offence punishable under Section 109 of the Bhartiya Nyay Sanhita,
2023 and Sections 25 and 3 of the Arms Act, on account of
settlement. is hereby quashed and set aside.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 25/10/2024 17:33:01
