DNYANESHWAR vs THE STATE OF MAHARASHTRA - 2024-01-16

O R D E R

1. Leave granted.

2. The present appeal has been filed by the appellants against the order dated 14.01.2020 passed by the High Court of Judicature at Bombay, Aurangabad Bench, dismissing the application of the appellants filed under Section 482 of Cr.P.C. seeking quashing of FIR No.163 of 2017 registered at the Police Station Ramanand Nagar, District Jalgaon, Maharashtra.

3. Heard the learned counsel for the appellants and perused the record. The learned counsel for the respondent(s) is not present.

4. From the arguments addressed by the learned counsel appearing for the appellants, the case appears to be of a minor altercation between the parties where the persons who were involved and have been presently accused are namely, appellant no.2 (college going student) and appellant no.3 (minor).

5. The respondent no.2 had also lodged an F.I.R.

No.163/2017 against the appellants.

6. The appellants filed a Criminal Writ Petition No.115/2018 seeking quashing of the said FIR.

7. The said Writ petition came to be dismissed by the High Court vide Order dated 14.01.2020 but the High Court held that the dispute between the appellants and respondent no.2 is of civil nature and advised both the parties to settle the dispute.

8. After hearing the learned counsel for the appellants, we are of the opinion that what has been initiated by the respondent no.2 is purely an abuse of process of law and more specifically, in the light of the observations that have been made by the High Court, that the dispute being civil in nature, the inherent powers of the Court under Section 482 of Cr.P.C are liable to be exercised.

9. As has been rightly pointed out by the High Court that the dispute between the parties is of civil nature yet both the parties have filed FIRs against each other. They are neighbours in a housing society. FIR No. 137/2017 has been lodged by the appellants against the respondent no.2 under Sections 354, 294, 323 read with Section 34 of Indian Penal Code. Whereas FIR No.163/2017 has been lodged by the respondent no.2 against the appellants under Sections 509, 337 read with Section 34 of Indian Penal Code. Both the FIRs have been registered at Police Station-Ramanand Nagar, District- Jalgaon, Maharashtra. The Appellants themselves are not alone to be blamed.

10. We, therefore, allow the appeal and direct that the proceedings initiated against the appellants arising out of the FIR No. 163/2017 shall stand quashed.

11. Hence the appeal stands allowed. Pending application(s), if any, shall stand disposed of.

...................J.

(SUDHANSHU DHULIA)

...................J.

(RAJESH BINDAL)

New Delhi 16th January, 2024 ITEM NO.50 COURT NO.17 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 1861/2020

(Arising out of impugned final judgment and order dated 14-01-2020 in CRLWP No. 115/2018 passed by the High Court Of Judicature At Bombay At Aurangabad)

DNYANESHWAR & ORS. Petitioner(s)

VERSUS THE STATE OF MAHARASHTRA & ANR. Respondent(s)

IA No. 37526/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 37527/2020 - EXEMPTION FROM FILING O.T.)

Date : 16-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR Ms. Rucha A. Pande, Adv.

Mr. M. Veeraragavan, Adv.

Ms. Gautami Yadav, Adv.

Ms. Pranjal Chapalgaonkar, Adv.

For Respondent(s) Mr. Nitin Lonkar, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Ms. Raavi Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NISHA KHULBEY) (MATHEW ABRAHAM)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

(signed order is placed on the file)