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cria-3030.241 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO. 3030 OF 20241) Ashpak Shaikh Isak Shaikh, Age32 years, Occu:Business, R/o-1-22-24, Shaha Bazar, Chhatrapati Sambhajinagar,2) Shaikh Sohel Shaikh Sattar, Age-21 years, Occu:Business, R/o-Arish Masjit, Rahat Colony, Chhatrapati Sambhajinagar,3) Sofiyan Kalim Shaikh, Age-34 years, Occu:Business, R/o-Plot No.66/1, Galli No.1, Opp. Rubi Hospital, Abrar Colony, Chhatrapati Sambhajinagar ...APPLICANTS VERSUS 1) The State of Maharashtra, Through Police Inspector, City Chowk Police Station, Aurangabad,2) Shaikh Adnan Shaikh Mushir, Age-20 years, Occu:Labour, R/o-Ahmed Raza Road, Shahbazar, H. No.2-3-85, Near Champa Masjid, At Post-Harsul, Bashir Nagar, Chhatrapati Sambhajinagar. ...RESPONDENTS ... Mr. Vishal A. Bagdiya Advocate for Applicants. Mr. S.A. Gaikwad, A.P.P. for Respondent No.1. Mr. G.R. Syed Advocate for Respondent No.2. ... cria-3030.242 CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ. DATE : 14th DECEMBER, 2024 ORDER [PER SMT. VIBHA KANKANWADI, J.] :1.Present Application has been filed invoking the inherentpowers of this Court under Section 482 of the Code of CriminalProcedure, initially for quashing the First Information Report (forshort “the FIR”) vide Crime No. 371 of 2023 registered with CityChowk Police Station, Aurangabad and later on byway ofamendment, for quashing the proceedings in Sessions CaseNo.351 of 2024 pending before the learned Sessions Judge,Aurangabad for the offence punishable under Sections 307, 364,323, 504, 506 read with Section 34 of the Indian Penal Code.2.Respondent No.2 appeared through Advocate suo moto on6th August 2024 and tendered affidavit-in-reply stating that hedoes not want to proceed with the matter. On that date thecharge-sheet was not filed and therefore, this Court had directedthe learned APP to get the police papers. By the passage of timethe charge-sheet came to be filed and the amendment has beencarried out. Copy of the charge-sheet is now made available. If cria-3030.243we consider the contents of the affidavit-in-reply filed byrespondent No.2, it is to be noted that he says that he hasresolved the dispute between he himself and the applicants andhe has no objection if the FIR is quashed and set aside.3.The learned APP submits that as against applicant No.1,there are three cases pending, one is Crime No.302 of 2018 forthe offence punishable under Section 302 of the Indian PenalCode registered with Chhawani Police Station, another is CrimeNo.41 of 2016 registered with Phulambri Police Station for theoffence punishable under Section 395, 392, 438 read withSection 34 of the Indian Penal Code and Crime No.66 of 2022registered with City Chowk Police Station, for the offencepunishable under Section 336 of the Indian Penal Code andSection 4 punishable under Section 25 of the Indian Arms Act.4.The charge-sheet does not show that any weapon hasbeen seized from any of the accused persons. As regards Section307 of the Indian Penal Code is concerned, the medicalcertificate shows that respondent No.2 has sustained threeinjuries, i) blunt trauma over head with hard and blunt object,nature of injury is simple, ii) blunt trauma over both upper limbs cria-3030.244with hard and blunt object, nature of injury is simple andiii) blunt trauma over right leg with hard and blunt object, natureof injury is simple. X-ray and other departments notice wouldalso show that there was no grievous injury. 5.One more aspect to be noted is that the statement ofrespondent No.2. was recorded under Section 164 of the Code ofCriminal Procedure by the learned Judicial Magistrate First Class,Aurangabad, in which it was clearly stated by him that he hadgiven the FIR in the rage of of anger and he does not want toproceed with the matter. Certainly, the case is definitely notmade out to attract the ingredients for the offence punishableunder Section 307 of the Indian Penal Code. The weaponallegedly used, is stated to be knife, which has not been seizedand it does not show that any vital part of the body of theinformant had received injury which could have been resultedinto death. As regards the other offences are concerned, asaforesaid, the informant does not want to proceed with thematter and therefore this would be a fit case to exercise ourpowers under Section 482 of the Code of Criminal Procedure. cria-3030.2456.Now, as regards the criminal background of applicant No.1is concerned, it cannot be taken into consideration for the simplereason that as regards the present case, the facts do not attractany serious offence and even as per the say of the informant theFIR was given in rage of anger. However, the said fact is takennote of for imposing the cost as the entire machinery of thepolice as well as judiciary has been exercised by both theparties. Therefore, while allowing the proceedings to be quashed,we impose the cost on the parties.7.As regards the cost amount to be deposited is concerned,we are considering the Judgment of the learned Single Bench ofthis Court in Writ Petition No.2318 of 2019 (Minakshi ChitraMandir vs, the State of Maharashtra and others), decided on 6thMarch 2023, wherein note was taken of the medical dispensaryavailable at the High Court, which is run by the State has basicfacilities but it is not able to cope up with the emergentsituations for want of some necessary machinery. Note wastaken that if a person suddenly suffers from heart attack in theHigh Court premises, then it would take at least forty fiveminutes to transport such person to the nearest hospital andtherefore, in the said case a three members Committee, cria-3030.246consisting of the President of the Bar Association of High Court,Aurangabad, Dr. Sanjay Varade, Medical Officer of the High CourtMedical Dispensary and Registrar (Administration) of the HighCourt Bench at Aurangabad was constituted. The Registry wasentrusted to receive the payment byway of cost and then tomake payment of the machinery or any other instrumentpurchased, as per the directions of the Committee. However, sofar as the present matter is concerned, we consider that in thepresent matter it is not necessary to protect the financial interestof the Bar Association. Therefore, we direct that in the presentmatter the Committee should be consisting of Dr. Sanjay Varade,Medical Officer of the High Court Medical Dispensary and thelearned Registrar (Administration) of the High Court, Bench atAurangabad. 8.With these observations, we proceed to pass the followingorder:- O R D E R(I)The Application stands allowed.(II)The proceedings in Sessions Case No.351 of 2024 pendingbefore the learned Sessions Judge, Aurangabad for the offence cria-3030.247punishable under Sections 307, 364, 323, 504, 506 read withSection 34 of the Indian Penal Code, arising out of the FirstInformation Report vide Crime No. 371 of 2023 registered withCity Chowk Police Station, Aurangabad, stands quashed and setas against all the applicants i.e. 1) Ashpak Shaikh Isak Shaikh2) Shaikh Sohel Shaikh Sattar and 3) Sofiyan Kalim Shaikh,subject to deposit of cost of Rs.10,000/- (Rupees Ten Thousandonly) by each of the applicants and respondent No.2, before 20thDecember 2024.(III)We are making it clear that deposit of the cost is acondition precedent. Failure on the part of the applicants andrespondent No.2 to deposit the said cost amount, would revivethe proceedings before the learned Sessions Judge, Aurangabad.(IV)The applicants and respondent No.2 to deposit the costwith the Registry i.e. the Committee consisting of Dr. SanjayVarade, Medical Officer of the High Court Medical Dispensary andthe learned Registrar (Administration) of the High Court, Benchat Aurangabad, as indicated in Paragraph No.7, before 20thDecember 2024. After the deposit of the said amount, theCommittee is at liberty to utilize the said amount for purchase ofarticles / instruments useful for the patients visiting the MedicalDispensary situated in the High Court premises. [ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DECE24