KALYAN CHANDRASHEKHAR DESAI AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER
Case Details
1 969 appln 13-22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 969 CRIMINAL APPLICATION NO.13 OF 2022 KALYAN CHANDRASHEKHAR DESAI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants : Mr. Shaikh Samir Ahmad Saifuddin APP for Respondent no.1-State: Mr. S. S. Dande Advocate for Respondent no.2 : Mr. Shaikh Wajeed Sk. Wajeed Ahmed …. CORAM : V. K. JADHAV AND SANDIPKUMAR C. MORE, JJ. DATED : 17th MARCH, 2022. .... P. C. : 1.
Facts
Heard fnalll with consent of the parties at admission stage. 2. The applicants are seeking quashing of the proceeding bearing RCC No. 79 of 2020, pending before Judicial Magistrate (First Class), Purna, District Parbhani arising out of Crime No. 23 of 2020, registered with Purna Police Station, District Parbhani, for the offence punishable under Sections 307, 452, 323, 143, 147, 148, 149 of IPC, Section 4(25) of the Arms Act and Section 135 of 2 969 appln 13-22 the Maharashtra Police Act on the ground that the parties have arrived at amicable settlement. 3. Learned counsel for the applicants and learned counsel appearing for respondent no.2 submit that due to intervention of the relatives, mediators and respectable persons from the societl, the parties have arrived at amicable settlement. It is also submitted that a counter case between the parties vide Crime No. 32 of 2020, this court bl order dated 2nd March, 2022 in Criminal Application No. 863 of 2020 quashed the proceeding in connection with the said Crime No. 32 of 2020 on the ground that the parties
Legal Reasoning
medical certifcates of the injured persons, we are of the opinion that incorporation of Section 307 of IPC in the facts of the case is not warranted. It has been alleged in the complaint and it has also revealed during the course of investigation that applicants though armed with weapon chain etc., extended the beating to the informant and his uncle with fst and kick blows, both of them have sustained onll minor injures and those injuries are also not on vital part of the bodl. 8. It appears that due to intervention of the mediators, relatives and respectable persons of the societl, the parties have arrived at amicable settlement. In view of the same and in terms of the ratio 6 969 appln 13-22 laid down bl the Supreme Court in the above cited case, we proceed to pass the following order.
Arguments
have arrived at amicable settlement. Learned counsel submits that the informant and his uncle Azmat Khan have sustained simple injuries in the assault. 4. Learned APP submits that there are two crimes registered against applicant no.4 Santosh Tulshiram Waghmare. Learned APP however fairll accepted that the informant and his uncle have sustained simple injuries in the assault and as revealed during the course of the investigation the applicants / accused have extended the beating to the informant and his uncle with fst and kick blows. 3 969 appln 13-22 5. We have carefulll gone through the contents of the complaint and also perused the charge sheet. It appears that on account of the road-rage the quarrel had taken place and in consequence thereof, the applicants allegedll extended the beating to informant- respondent no.2 and his uncle with fst and kick blows bl entering into their house. So far as applicant no.4 Santosh Tulshiram Waghmare is concerned, there are two cases registered against him wal back in the lear 2010. Thereafter, there are no antecedents. It has further brought to our notice that this court bl order dated 2nd March, 2022 in Criminal Application No. 863 of 2020 quashed the proceedings of the counter case. 6. In case of Narinder Singh and others v. State of Punjab and another, reported in (2014) 6 SCC 466, in clause VI of para 31 of the judgment the Supreme Court has sum-up and laid down the principles bl which this court would be guided in giving an adequate treatment to the settlement between the parties and exercise its powers under Section 482 of Cr.P.C. while accepting the settlement and quashing the proceeding. Clause VI of para 31, is relevant for the present discussion and the same is reproduced herein. 31. (VI) Offences under Section 307 Indian Penal Code would fall in the categorl of 4 969 appln 13-22 heinous and serious offences and therefore, is to be generalll treated as crime against the societl and not against the individual alone. However, the High Court would not rest its decision merell because there is a mention of Section 307 Indian Penal Code in the FIR oor the charge is framemd under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 Indian Penal Code is there fore the sake of it or the prosecution has collected suffcient evidence, which if proved, would lead to proving the charge under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go bl the nature of injurl sustained, whether such injurl is inflicted on the vital / delegate pats of the bodl, nature of weapons used etc. Medical report in respect of injuries suffered bl the victim can generalll be the guiding factor. On the basis of this prima facie anallsis, the High Court can examine as to whether there is a strong possibilitl of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal 5 969 appln 13-22 proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swaled bl the fact that the settlement between the parties is going to result in harmonl between them which mal improve their future relationship." 7. On examination of the investigation papers particularll the
Decision
O R D E R The criminal application is allowed in terms of praler clause "B" and disposed of accordingll. (SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vsm/-