Case Note & Summary
The applicants filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 183/2019 registered at Bhingar Camp Police Station, Ahmednagar for offences under Sections 307, 323, 504, and 506 of the Indian Penal Code. The FIR was based on a complaint by Taufique Shaikh, who alleged that on 5 February 2019, when he tried to prevent persons from taking articles from his uncle's property, the two applicants assaulted him with wooden logs and sugarcane. The court examined the injury certificate, which showed only simple injuries. The first informant filed a reply affidavit stating that the dispute between the applicants and his uncle's family had been settled and that he had no intention to give evidence. The Sessions Court had already granted anticipatory bail to the applicants. Considering the nature of injuries, the settlement, and the absence of any criminal antecedents of the applicants, the High Court held that the relief of quashing should be granted. The application was allowed, and the FIR was quashed in terms of prayer clause 'B'. Rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Settlement between parties - FIR under Sections 307, 323, 504, 506 IPC quashed where injuries were simple and parties had settled the dispute, with no intention to cause death established (Paras 2-3).
Issue of Consideration
Whether the FIR under Sections 307, 323, 504, 506 IPC should be quashed given the settlement between parties and the simple nature of injuries.
Final Decision
Application allowed. FIR No. 183/2019 registered at Bhingar Camp Police Station, Ahmednagar for offences under Sections 307, 323, 504, 506 IPC is quashed. Rule made absolute in terms of prayer clause 'B'.
Law Points
- Quashing of FIR
- Settlement between parties
- Simple injuries
- Section 307 IPC not attracted
- No criminal antecedents
Case Details
2019 LawText (BOM) (06) 40
Criminal Application No.1757 of 2019
T.V. Nalawade, K.K. Sonawane
Mr. Narwade Narayan B. for Applicants, Mr. R. D. Sanap APP for Respondents, Mr. Sudheer R. Zambare for Respondent No.2
Abdul Rahim Abdul Shaikh and Another
The State of Maharashtra and Another
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR.
Remedy Sought
Quashing of FIR No. 183/2019 registered at Bhingar Camp Police Station, Ahmednagar for offences under Sections 307, 323, 504, 506 IPC.
Filing Reason
The applicants sought quashing of the FIR on the ground that the dispute had been settled with the first informant and the injuries were simple, not attracting Section 307 IPC.
Previous Decisions
The Sessions Court had granted anticipatory bail to the applicants.
Issues
Whether the FIR under Sections 307, 323, 504, 506 IPC should be quashed given the settlement between parties and the simple nature of injuries.
Submissions/Arguments
The applicants argued that the dispute was settled and the first informant had no intention to proceed.
The first informant filed an affidavit stating the dispute was settled and he did not wish to give evidence.
Ratio Decidendi
Where the injuries are simple and the parties have settled the dispute, and there are no criminal antecedents, the FIR under Section 307 IPC and other sections can be quashed to secure the ends of justice.
Judgment Excerpts
This Court has seen the injury certificate. It shows that simple injuries were sustained by the first informant.
Considering the nature of injuries and circumstances that there are no bad antecedent of the applicants, this Court holds that relief needs to be given.
Procedural History
The applicants filed Criminal Application No. 1757 of 2019 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, seeking quashing of FIR No. 183/2019. The Sessions Court had earlier granted anticipatory bail to the applicants. The High Court heard the matter on 27 June 2019 and allowed the application, quashing the FIR.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 307, 323, 504, 506
- Code of Criminal Procedure, 1973 (CrPC): 482
