Bombay High Court
Suyash Dilip Modh And Others vs The Senior Inspector Of Police (Tahsil ... on 19 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10561-DB
1 938.crwp.498.23-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 498 OF 2023
1. Suyash Dilip Modh,
Age - 38 years, Occupation - Business,
Residing at : Dilip Jewellers, 980 Old
Bhandara Road, Hansapuri,
Mahatma Fule Bazar, Nagpur -440018.
2. Sarvesh Dilip Modh,
Age-31 years, Occupation - Business,
Residing at : Dilip Jewellers, 980 Old
Bhandara Road, Hansapuri,
Mahatma Fule Bazar, Nagpur - 440018.
3. Dilip Ratanraj Modh,
Age - 60 years, Occupation - Business,
Residing at : Dilip Jewellers, 980 Old
Bhandara Road, Hansapuri,
Mahatma Fule Bazar, Nagpur-440018. ... PETITIONERS
...VERSUS...
1. The Senior Inspector of Police
(Tahsil Police Station), Nagpur.
2. Sohan Ambadas Kuril,
R/o. Ward No.6, H-No.-175,
Chhindwara Road, Near Mahadula Bus Stop,
Mahadula Koradi Colony, Nagpur.
3. The State of Maharashtra,
Through Tahsil Nagpur. ... RESPONDENTS
------------------------------------------------------------------------------------------------
Mr. S. H. Mansoori, Advocate for Petitioners.
Mr. Javed Sheikh, Advocate for Respondent No.2.
-----------------------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 19.09.2024
On oral request, the petitioners are permitted to amend the
petition as charge-sheet has been filed.
Necessary amendment be carried out forthwith.
2 938.crwp.498.23-J.odt
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. By this petition, the petitioners are seeking to quash charge-sheet
(Special Case No.187/2023) arising out of First Information Report vide
Crime No.715/2022 registered with Tahsil Police Station, Nagpur for the
offences punishable under Sections 323, 504, 506 read with Section 34 of
the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 on account of settlement.
3. It is the informant's case that he belongs to the member of
scheduled caste. On 15.10.2022, the petitioners picked up quarrel and
abused him in the name of caste at public place. So also they have assaulted
the informant, therefore, the report. The matter is amicably settled
between the parties.
4. The informant waives notice and appeared through Advocate
Mr. Javed Sheikh. The informant has filed reply stating about settlement
and his no objection to quash the proceedings. The informant is present
before us, who is identified by his Advocate. The informant stated that
since the petitioners have apologized, he has pardoned, and, therefore, he
does not wish to prosecute. The incident appeared as of sudden on flimsy
3 938.crwp.498.23-J.odt
reason, it cannot be termed as heinous or anti social. The parties are
residents of the same area. In order to maintain peace and harmony, the
parties have settled the dispute. In the circumstances, we deem it
appropriate to exercise our inherent powers. The informant undertakes to
deposit costs of Rs.20,000/- for rotating police machinery.
5. In view of above, the petition is allowed. We hereby quash and
set aside the charge-sheet (Special Case No.187/2023) arising out of the
First Information Report vide Crime No.715/2022 registered with Tahsil
Police Station, Nagpur for the offences punishable under Sections 323, 504,
506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3(1)
(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
6. The informant shall deposit sum of Rs.20,000/- towards costs
with Government Pleader Library within a period of two weeks from today.
7. The matter be placed on 04.10.2024 for reporting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 21/09/2024 15:23:17
