The main legal point established is the application of principles for quashing FIRs based on an amicable settlement and the consideration of the nature of injuries, weapons used, and the possibility of conviction.

JUDGMENT :

MANISH PITALE, J.

1. These applications are filed for quashing of First Information Report Nos. 486 of 2022 and 487 of 2022, both dated 28.05.2022, registered at Police Station Arni, Distt. Yavatmal. Both the FIRs have been registered concerning the very same incident alleged to have taken place on 26.05.2022. The applicants before this Court are Advocates and members of the Bar at Arni, Distt. Yavatmal.

2. The genesis of the incident appears to be that some members of the Bar decided to organize a farewell function for a Magistrate, who was transferred. It appears that when junior members of the Bar took lead in organizing the farewell function, some senior members of the Bar, including applicant No. 1 in Criminal Application (APL) No. 857 of 2022, who claims to be President of the Bar Association, took strong objection to the said function being organized. In the backdrop of the aforesaid differences of opinion amongst the members of the Bar, it is alleged that a scuffle took place, wherein certain persons were injured. It is also alleged that during the course of the incident a “tocha” was used to assault one of the victims and there is also reference to use of knife and sticks during the course of scuffle. It appears that although the incident is said to have taken place on 26.05.2022 in the evening, the FIRs came to be registered after about two days on 28.05.2022.

3. After registration of the FIRs, it appears that attempts were made to bring about conciliation and this resulted in the parties agreeing to withdraw allegations against each other, in the interest of harmony in the Bar.

4. These applications stood filed before this Court wherein notices were issued.

5. Mr. Firdos Mirza, learned counsel appearing for the non-applicant No. 2 (original informant) in Criminal Application (APL) No. 857 of 2022 and the applicants in Criminal Application No. 1122 of 2022, strenuously urged that since better sense has now prevailed over the parties and they are before this Court seeking quashing of the cross FIRs, this Court may favourably consider the applications. It is submitted that although the unfortunate incident ought not to have taken place, now that the parties had agreed to mutually settle their differences, quashing of the FIRs would go a long way in bringing about much needed harmony in the Bar at Arni, District Yavatmal. It is submitted that the parties have realized their mistakes and hence, they are personally present before the Court to press the prayers made in the applications.

6. Mr. S.G. Varshani, learned counsel has appeared for the applicants in Criminal Application (APL) No. 857 of 2022 and he reiterates the submissions made by Mr. Mirza. It is submitted that this Court may consider allowing the present applications, in the interest of justice.

7. Both the learned counsels have relied upon the judgment of Hon’ble Supreme Court in the Case of Narinder Singh and Ors. v/s. State of Punjab and Anr. (2014) 6 SCC 466, particularly paragraph 29 thereof. It is urged that although serious offences, including offence under Section 307 of the Indian Penal Code have been registered in both the FIRs, in the present case, considering the background of the matter and the fact that the parties have agreed for an amicable settlement, this Court may follow the dictum laid down in the said judgment of the Supreme Court and the applications may be allowed in the interest of justice.

8. Mr. M.J. Khan, learned APP has appeared on behalf of the non-applicant No. 1/State in both the applications and he submitted that although a perusal of the FIRs would show that there is indeed a prima facie case made out for investigation and further proceedings, in the light of submissions made on behalf of the applicants, this Court may pass appropriate order.

9. We have considered the submissions made on behalf of the applicants as well as submissions made by the learned APP. We are pained by the facts that have come to the fore in these two a