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2022 Supreme(Bom) 1304

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
V.K. Jadhav, Sandipkumar C. More, JJ.
Baburao Manik Renge & Ors. - Appellants
Versus
And Others - Respondent
Criminal Writ Petition No.839, 841 of 2020
Decided On : 25-04-2022

Advocates appeared:
P.S. Talekar, Advocate, M.M. Nerlikar, Advocate, R.J. Nirmal, Advocate

The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.

Headnote:

Quashing of FIR - Criminal Proceedings - Indian Penal Code, Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 - Sections 324, 323, 504, 506, 34, 3(1)(r), 3(1)(s) - [SUMMARY]

Fact of the Case:

The petitioners sought quashing of two First Information Reports and consequent criminal proceedings lodged by respondent No.2. The allegations included severe beating and caste-based abuse.

Finding of the Court:

The court found direct allegations against the petitioners supported by medical evidence and eye witnesses. The defense material provided by the petitioners did not render the allegations redundant.

Issues: The main issue was whether the FIRs and criminal proceedings should be quashed based on the defense material provided by the petitioners.

Ratio Decidendi: The court applied the principles laid down in various judgments, emphasizing that the defense material must render the allegations redundant for the proceedings to be quashed. It also highlighted the need for a thorough trial to establish the veracity of the allegations.

Final Decision: The court dismissed both criminal writ petitions, stating that there was a triable case against the petitioners and the FIRs could not be quashed.

JUDGMENT

Sandipkumar C. More, J. - Rule. Rule made returnable forthwith. By consent of the parties, heard fnally at the stage of admission.

2. The petitioners as well as respondent No. 2 in both the petitions are the same. Moreover, it appears that the petitioners are seeking quashing of two First Information Reports and consequent criminal proceedings thereof, lodged by respondent No.2. Though the crimes are separately registered, but since the petitioners and respondent No.2 are same in both the matters, we fnd it appropriate to decide both these criminal writ petitions by common judgment.

3. So far as Criminal Writ Petition No. 839 of 2020 is concerned, the petitioners, who are the original accused, have sought quashing of F.I.R. bearing Crime No. 128 of 2020 registered with Daithana Police Station on 02.07.2020 for the offences punishable under Sections 324, 323, 504 read with Section 34 of the Indian Penal Code (for short 'I.P.C.') and under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 (for short, 'the atrocities act'). During pendency of this petition, charge-sheet has been submitted and therefore, the petitioners have challenged the criminal proceedings being Special Case No.106 of 202 arising out of the aforesaid crime and pending before the learned Special and Sessions Judge, Parbhani. Whereas, in Criminal Writ Petition No. 841 of 2020 the petitioners are seeking quashing of F.I.R. being Crime No. 54 of 2020 registered with Daithana Police Station on 08.04.2020 for the offences punishable under Sections 323, 504, 506 read with Section 34 of I.P.C. and under Sections 3 (1)(r) and 3 (1 (s) of the atrocities act. In respect of the said crime, charge-sheet has been fled, and therefore, the petitioners have also sought quashing of the said charge-sheet being Special Case No. 97 of 2020 pending before the learned Special and Sessions Judge, Parbhani.

4. So far as F.I.R. in respect of Crime No.128/2020 is concerned, it is contended by respondent No.2-informant that on 01.07.2020 one Datta Narayan Renge with whom he had acquaintance, had come to village Jamb. at about 6.00 p.m. on the same day Datta asked respondent No.2 to meet him and accordingly when respondent No.2 had gone to Post Galli at village Jamb to meet Datta, Datta told him that his application for anticipatory bail was rejected by the Court, and therefore, he was to surrender before Police Station. When the said talks were going on, all the petitioners came there at about 6.30 p.m. and abused respondent No.2 in flthy language by referring his caste. The petitioners started beating him and also beat Datta for the reason as to why he became witness in the earlier dispute between themselves and respondent No.2. Petitioner No.3 Jiwan beat respondent No.2 on his left hand and left thigh as well as on chest with the help of iron rod. The petitioners also beat Datta Narayan Renge. Due to beating, respondent No.2 fell down and Datta Renge ran away from that spot. after some time when Datta and one Sujay Baburao Renge again came there on motorcycle to see the respondent No.2, the petitioners again abused them. The aforesaid entire incident was witnessed by ajay Baburao Renge and Narhari Narayan Renge. Respondents No.2 was then taken to Civil Hospital, Parbhani by his parents and thereafter respondent No.2 lodged the aforesaid F.I.R. against the petitioners.

5. In respect of Crime No. 54/2020, which is the subject-matter of Criminal Writ Petition No.841/2020, respondent No. 2 has made allegations that his grandfather had got 15 acres agricultural land in view of Ceiling act and a dispute is pending in respect of the said land in Civil Court. according to respondent No.2, petitioner No.1 is cultivating the said land on Batai basis, and therefore, the petitioners are having grudge against him. On 05.04.2020 when he alongwith his cousin Viay Bhagwan Mande and others had a party in his feld at about 6.00 p.m., petitioner No.3, w

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