IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
Prasanna B. Varale, Smt. Vibha Kankanwadi, JJ.
Sheikh Sohel Sheikh Ayyub - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Application No. 468 of 2018
Decided On : 07-03-2018
Indian Penal Code - Section 320, 307, 504 read with 34 - Code of Criminal Procedure, 1973 - Section 482 - Quashing First Information Report - Medical examination - Applicants have contended that, a crime has been registered on basis of First Information Report given by respondent No.2/ informant wherein it was stated that, he was returning home by walk - He met applicant No.2 Power House and demanded amount from him - Informant told that, he is not having any amount. Applicant No.2 started abusing him and assaulting him by hand. Even the respondent No.2 assaulted applicant No.2. When he received injuries informant went to Jawahar Nagar Police Station to lodge a report. Since he had sustained covert injury a memo referring him to medical examination was given and he was asked to go to Hospital. At that time his cousin went there and told him to go to house, and thereafter, by taking one they would go to hospital - His cousin and respondent No.2 went near their house at about 10.15 p.m., at that time applicant No.2 came with two to three persons, applicant No.2 had knife in his hand, he assaulted in the ribs of the informant and second blow was received in his stomach. When his cousin came there to rescue him, all the persons assaulted him by knife – Held, High Court must consider whether it would be unfair or contrary to interest of justice to continue with the criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash criminal proceeding. " - Parties have compromised matter and now in the affidavit the informant and injured are coming with a case that somebody else in fact had committed the offence, definitely possibility of their turning hostile at the time of evidence cannot be ruled out - When they want to keep harmony in the family, it is a welcoming step, and therefore, we feel it necessary to exercise our inherent power under section 482 of the Code of Criminal procedure, 1973 - However, at same time when entire machinery has been misused by respondent No.2 and now on some terms when the applicants have approached him and the injured, they have compromised the matter. Under such circumstance we intend to impose some cost and condition on the parties.
ORDER
Vibha Kankanwadi, J. (Oral) - Present application has been filed for invoking inherent powers of this Court under section 482 of the Code of Criminal Procedure, 1973 for quashing First Information Report (hereinafter referred as ''FIR'') lodged at the instance of respondent No.2 with Jawahar Nagar Police Station, Aurangabad.
2. The applicants have contended that, a crime has been registered on the basis of First Information Report given by respondent No.2/ informant wherein it was stated that, he was returning home at about 9.45 p.m. on 06-08-2016 by walk. He met applicant No.2 near Sutgirni Power House and demanded amount from him. Informant told that, he is not having any amount. Applicant No.2 started abusing him and assaulting him by hand. Even the respondent No.2 assaulted applicant No.2. When he received injuries informant went to Jawahar Nagar Police Station to lodge a report. Since he had sustained covert injury a memo referring him to medical examination was given and he was asked to go to Ghati Hospital. At that time his cousin went there and told him to go to house, and thereafter, by taking one Shabbir Bhai they would go to hospital. His cousin Juber and respondent No.2 went near their house at about 10.15 p.m., at that time applicant No.2 came with two to three persons, applicant No.2 had knife in his hand, he assaulted in the ribs of the informant and the second blow was received in his stomach. When his cousin Shaikh Afsar came there to rescue him, all the persons assaulted him by knife. Thereafter the brother of informant Sharif went to rescue them, he was also injured. Thereafter the informant was taken to hospital and an operation was performed upon him. He thereafter lodged the FIR on 07-08-2016. On the basis of said information offence vide Crime No. 267 of 2016 came to be registered for the offence punishable under Section 307, 504 read with 34 of the Indian Penal Code, against the present applicants.
3. It appears that, the matter has been investigated and the charge-sheet has been filed. However, thereafter it appears that a compromise has taken place between informant, injured and the accused persons. Hence, the present application has been filed for quashing the FIR.
4. Heard both the sides and perused the documents. All the injured persons and respondent No.2 have filed their affidavits stating that there was no previous dispute between the informant and applicants but some persons taking undue advantage had falsely implicated by taking name of the applicants that the applicants were present on the spot. It is stated that, after getting the information and meeting with some senior persons from the informant''s family members, the dispute is amicably settled. The applicants are the close relatives of each other, and therefore, on that count also they have decided to settle the matter in order to maintain harmony between the family. The injured persons have also filed affidavit-in reply in echo with the informant.
5. It is to be noted that a knife has been recovered on the basis of information given by applicant No.2. The injuries those were sustained were of grievous nature. No doubt such offences are required to be seriously viewed, however at the same time it is also required to be noted that the applicants and informant as well as injured are relatives of each other. They have settled the matter amicably.
6. The Hon''ble Apex Court in Gian Singh vs. State of Punjab and Another, reported in (2012) 10 Supreme Court Cases 303 , has laid down the following ratio ;
"51. Section 320 of the Code articulates public policy with regard to the compounding of offences. It catalogues the offences punishable under IPC which may be compounded by the parties without permission of the Court and the composition of certain offences with the permission of the court. The offences punishable under the special statutes are not covered by Section 320. When an offence is compoundable under Section 320, abatement of su
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