RAHUL S/O SATLAL VARMA AND ANOTHER vs STATE OF MAH. THR. PSO PS MANKAPUR NAGPUR

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HIGH COURT OF BOMBAY
RAHUL S/O SATLAL VARMA AND ANOTHER – Appellant
Versus
STATE OF MAH. THR. PSO PS MANKAPUR NAGPUR – Respondent

Advocates:
['A S BAND', '', 'GAJANAN D KALE', 'APP']

Judgment

apl716.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 716/2021

Rahul S/o Satlal Varma

Rahul S/o Satlal Varma,

Aged about 35 years, Occ. Nil,

Mrs. Pallavi W/o Rahul Varma

Mrs. Pallavi W/o Rahul Varma,

Aged about 32 years, Occ. Household,

All 1 to 2 R/o. 51, Ganpati Nagar, Nagpur

….

APPLICANT(S)

VERSUS //

State of Maharashtra

State of Maharashtra,

Through P.S.O, P.S. Mankapur,

Nagpur

….

…. NON-APPLICANT

NON-APPLICANT

*******************************************************************

Shri A.S. Band, Advocate for the applicant(s)

Shri S.S. Doifode, APP

Shri S.S. Doifode, APP for the non-applicant/State

for the non-applicant/State

*******************************************************************

CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

AUGUST

, 2021

JUDGMENT

: (PER:-

AMIT B. BORKAR, J.)

Heard.

RULE. Rule made returnable forthwith.

ANSARI

Judgment

apl716.21.odt

This is a joint application filed by the applicants for quashing

and setting aside the F.I.R. No. 72/2021, consequent charge-sheet and R.C.C.

No. 1645/2021 registered against the applicant no. 1 by the applicant no. 2

with the non-applicant – Police Station for the offence punishable under

Section 307 of the Indian Penal Code.

The first information report came to be registered against the

applicant no. 1 with the accusations that the applicant no. 1 assaulted the

applicant no. 2 with axe. It is alleged that the assault was with an intention

to kill the applicant no. 2. The Investigating Agency carried out the

investigation and filed charge-sheet against the applicant no. 1. During the

pendency of the proceedings, the applicants have mutually resolved their

dispute. It is stated that the applicants are husband and wife and due to

intervention of the elderly persons of both families, the applicants have

decided to resolve their dispute mutually.

We have carefully considered the allegations in the first

information report and the material produced before this Court in the form

of charge-sheet. Insofar as the offence under Section 307 of the Indian Penal

Code is concerned, though it is a serious offence, but at this stage it would be

profitable to refer the judgment of the Hon'

ble Apex Court in the case of

Narinder Singh & others Vs. State of Punjab & another reported in AIR 2014

ANSARI

Judgment

apl716.21.odt

SCW 2065. The decision of the Hon'

ble Apex Court makes it clear that the

Court cannot declare to quash the first information report merely because the

first information report incorporates a particular provision which is a serious

offence or an offence against the society. The Court has to make an

endeavour to find out whether the first information report indeed discloses

the ingredients of such offence and the Court can accept the statement and

quash the first information report / charge-sheet after the Court is of the

opinion that such an offence is unnecessarily incorporated in the first

information report / charge-sheet. From perusal of the first information

report and the material produced in the form of charge-sheet, we are

satisfied that the ingredients of the offence under Section 307 of the Indi

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HIGH COURT OF BOMBAYRAHUL S/O SATLAL VARMA AND ANOTHER – AppellantVersusSTATE OF MAH. THR. PSO PS MANKAPUR NAGPUR – Respondent

HIGH COURT OF BOMBAY
RAHUL S/O SATLAL VARMA AND ANOTHER – Appellant
Versus
STATE OF MAH. THR. PSO PS MANKAPUR NAGPUR – Respondent