SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Bom) 1817

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
S.B. Shukre, Milind Narendra Jadhav, JJ.
Ahfaz Ahmad Ajaz Ahmad and Ors. - Appellants
Vs.
State of Maharashtra - Respondent
Criminal Application (APL) No. 1087 of 2019
Decided On : 17-10-2019

Advocates Appeared:
For the Appellant :P.R. Agrawal, Advocate
For the Respondents: Ketki Joshi, APP.

Headnote:

Indian Penal Code - Sections 384, 387, 341 and 506 - First Information Report - Offence of extortion – Claim of compensation - Applicant no. 1 is an accused in Crime registered with Police Station Gate for offences punishable under Sections 384, 387, 341 and Section 506 of the Indian Penal Code while applicant no. 2 is informant who had lodged complaint against applicant no. 1. Now both of them have settled their dispute out of Court - According to them whole dispute had arisen due to some misunderstanding in between them - Both applicants are personally present in the Court and they have been identified by their counsel - They say that complaint has been filed in this case on exaggerated narration of version by applicant no. 2 and exaggeration is the result of anger that applicant no. 2 had at that time against applicant no. 1 – Held, After complaint was lodged law was set into motion and Police Station Gate had not only registered the offences but also carried forward the investigation - Therefore both the applicants would have to compensate the State one way or the other - In the present case court find that some community service by both applicants would be the most appropriate compensation - Both applicants shall perform community service in the nature of cleaning gardening and maintenance of trees plants etc. spread over an area square feet situated in the campus of Amravati University Road for a period of fifteen days starting from November and ending on November for two hours every day – Registrar Amravati University shall assign the area square feet to each of applicants for that purpose and shall also determine convenient time within which community service shall be performed by the applicants – Registrar Amravati University shall report to this Court the compliance of this order - Registrar of this Court is requested to send copy of this order to Registrar Amravati University and also Investigating Officer Police Station Gate Amravati - Criminal Application is disposed of

JUDGMENT :

S.B. Shukre, J.

1. Heard. Admit. Taken up for final disposal forthwith by consent of parties.

2. Applicant no. 1 is an accused in Crime No. 214/2019 registered with Police Station, Nagpuri Gate, Amravati for the offences punishable under Sections 384, 387, 341 and Section 506 of the Indian Penal Code while applicant no. 2 is the informant who had lodged the complaint against applicant no. 1. Now, both of them have settled their dispute out of the Court. According to them, the whole dispute had arisen due to some misunderstanding in between them.

3. Both the applicants are personally present in the Court and they have been identified by their counsel. They say that the complaint has been filed in this case on exaggerated narration of the version by applicant no. 2 and the exaggeration is the result of anger that applicant no. 2 had at that time against applicant no. 1.

4. We have gone through the first information report. We find that although there has been an allegation of attempt to extort an amount of Rs. 11,00,000/-, that attempt ultimately did not result into payment of Rs. 11 lakhs by applicant no. 2 to applicant no. 1 under duress. In other words, in this case, no money has changed the hands. It is well settled that in such a case, offence of extortion is not made out. A useful reference in this regard can be made to the judgment of Hon'ble Apex Court in the case of Isaac Isanga Musumba & ors. v. State of Maharashtra & ors. reported in (2014) 15 SCC 357. So, this is not a case which involves any allegation of commission of a serious offence.

5. As regards the other two offences, offences punishable under Sections 341 and 506 IPC, we find that both these offences are compoundable and that means that if there is a compromise between the accused and the complainant and that compromise has been entered into voluntarily, there should ordinarily be no reason for this Court to reject the applicant for compounding between the parties. This is one such case where we find that prayer for settlement cannot be rejected.

6. In the result, application is allowed. Crime No. 214/2019 registered with Police Station, Nagpuri Gate, Amravati for the offences punishable under Sections 384, 387, 341 and Section 506 of the Indian Penal Code is hereby quashed and set aside.

7. However, after the complaint was lodged, law was set into motion and Police Station, Nagpuri Gate, Amravati had not only registered the offences, but also carried forward the investigation. Therefore, both the applicants would have to compensate the State one way or the other. In the present case, we find that some community service by both the applicants would be the most appropriate compensation. Both the applicants shall perform community service in the nature of cleaning, gardening and maintenance of trees, plants etc. spread over an area of 20,000 square feet situated in the campus of Amravati University, Tapovan Road, Amravati for a period of fifteen days starting from 4th November 2019 and ending on 18th November 2019 for two hours everyday. The Registrar, Amravati University shall assign the area of 10,000 square feet to each of the applicants for that purpose and shall also determine convenient time within which community service shall be performed by the applicants. The Registrar, Amravati University shall report to this Court the compliance of this order. The Registrar (Judicial) of this Court is requested to send copy of this order to the Registrar, Amravati University and also the Investigating Officer, Police Station, Nagpuri Gate, Amravati.

8. Criminal Application is disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top