2011 Supreme(Bom) 974
2011 ALLMR(Cri) 3320
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (AURANGABAD BENCH)
SHRIHARI P. DAVARE, J.
Bhaurao Kisan Nagtilak & Ors. – Appellant
Vs.
The State of Maharashtra & Anr. – Respondent
Criminal Writ Petition No. 550 of 2011
Decided On: 11th August, 2011.
Mr. Y.B. BOLKAR, Advocate, for the petitioners.
Smt. Y.M. KSHIRSAGAR, Additional Public Prosecutor, for respondent no.1.
Mr. A.B. GIRASE, Advocate, for respondent no.2.
Headnote:A) Criminal P.C. (1973), Ss.320, 482:- The inherent powers of the High Court include the power to quash FIR, criminal investigation and proceedings before the High Court or any other court subordinate to it. 2009 ALL MR (Cri) 763 and 2003 ALL MR (Cri) 1162 - Rel. on. (Para 18)
Heard learned Counsel for the parties.
2. Learned Adv. Mr. A.B. Girase has filed Vakalatnama for respondent no.2, and also filed affidavit in reply of respondent no.2, and same are taken on record.
3. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, taken up for final hearing.
4. The petitioners herein have filed the present petition under Articles 226 and 227 of the Constitution of India, and also under Section 482 of the Code of Criminal Procedure praying that the criminal proceedings initiated against the present petitioners, on the basis of C.R. No. 76/2009, registered with Bhoom Police Station, and renumbered as R.C.C. No. 222/2009, pending before learned Judicial Magistrate (First Class), Bhoom, be quashed and set aside.
5. The petitioners claim to be the residents of village Rameshwar (Taluka : Bhoom, District: Osmanabad). as well as respondent no.2 herein i.e. complainant is also resident of the same place, whereas respondent no. 1 is the State of Maharashtra represented through Police Inspector, Police Station, Bhoom (District: Osmanabad).
6. It is the contention of the petitioners, that on 13th July 2009, at about 8.00 p.m., at village Rameshwar, near Maruti Mandir, there was programme arranged of the local m1ists from Andhra Pradesh in respect of the traditional Indian culture. At about 9.00 p.m., one Trimbak Nanasaheb Nagtilak wanted to go away from the said programme. but the respondent no.2 herein, namely, Gokul Trimbak Darade and Vishnu Namdeo Darade started abusing him on caste, and thereafter, they started assaulting him. At that time the petitioners intervened into the said scuffle, and therefore. one Amol Darade. Rahul Darade, Bharat Darade, Vishnu Darade, Ramdas Darade, Lahu Darade. Shiva Darade and others assaulted the present petitioners by sticks and also abused on caste in filthy language. It is also alleged that during the said scuffle, Shri Bhaurao Nagtilak received injuries on head. The accused also snatched golden chain, Bormal, golden ring from Manisha. Therefore present petitioners lodged complaint against all the accused persons, and it is registered as Crime No. 75/2009 at Bhoom Police Station, under Section 3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, and also under Sections 143. 147. 148. 149. 324, 504, 506, read with Section 395 of Indian Penal Code, and copy of the said complaint bearing Crime No. 75/2009 is annexed at Exhibit "A".
7. The petitioners have also contended that the present respondent no.2 also approached Bhoom Police Station, alleging that some of the present petitioners assaulted him and abused him in filthy language on the ground of caste. Therefore, on the basis of complaint given by Gokul Trimbak Darade i.e. respondent no. 2 herein. Crime No. 76/2009 was registered against the present petitioners, for the offences punishable under Sections 143. 147, 148, 149, 324, 504, 506 and 395 of Indian Penal Code, and copy thereof is annexed at Exhibit "B".
8. The Police personnel completed the investigation and submitted charge sheet on 19-11-2009 before the learned Judicial Magistrate (First Class). Bhoom and the case was registered as R.C.C. No. 222/2009.
9. According to the petitioners, Rameshwar is a small village and names of most of the petitioners who are young in age and taking education in various fields have been involved in the aforesaid complaint as accused. Hence, elder members of the family and respectable people of village Rameshwar came together and called both the parties and requested them to pacify complaints lodged by both the parties against each other, to maintain peace and harmony in the said village. Accordingly, considering the said request and considering the larger interest of the people who are young in age, present petitioners and the complainants are ready to settle the matter and further shown their willingness for not proceeding with the said criminal complaints lodged