Kalu Pahelwan @ Wasim Ajij Qureshi And Others v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6032 OF 2016 1.
Kalu Pahelwan @ Wasim Ajij Qureshi Age: 28 Yrs, Occ: Business, 2.
Shaikh Rizwan Burhan Qureshi, Age: 27 yrs, Occ: Business, 3.
Khalid Burhan Qureshi, Age: 34 Yrs, Occ: Business, 4.
Adil Burhan Qureshi, Age: 18 Yrs, Occ: Business, 5.
Sadik Burhan Qaureshi, Age: 40 Yrs, Occ: Business, 6.
Amjad Shaikh Jipa Qureshi, Age: 32 Yrs, Occ: Business, 7.
Aashim Jipa Qureshi, Age: 30 yrs, Occ: Business, 8.
Saddam Qureshi, Age: 28, Occ: Business, 9.
Imran Mulla Shaikh Tumba Khan Qureshi, Age: 30 Yrs, Occ: Business, 10.
Shaikh Hashim Shaikh Bhika Qureshi Age: 28 Yrs, Occ: Business 11.
Salim Ayyub Qureshi, Age: 60 yrs, Occ: Business, 12.
Rustam Ayyub Qureshi, Age: 55 yrs, Occ: Business,
13.
Makku Ajij Qureshi, Age: 28 yrs, Occ. Business, All R/o. Kasai Mohalla, Nandurbar, Dist. Nandurbar. APPLICANTS / Accused
VERSUS
1.
The State of Maharashtra, Through P.I., Nandurbar City Police Station, Nandurbar.
2.
Shaikh Juned Sheikh Muslim Qureshi, Age: 25 Years, Occ: Business, R/o. Kasai Mohalla, Nandurbar, Nandurbar.
RESPONDENTS ...
Mr.S.D.Hiwrekar, Advocate for the applicants Mr.S.G.Karlekar, APP for the Respondent No. 1 / State Mr.S.S.Kazi, Advocate for respondent no.2 ...
WITH CRIMINAL APPLICATION NO.6030 OF 2016 1.
Juned Muslim Qureshi, Age: 30 Yrs, Occ: Business, 2.
Wasim Muslim Qureshi, Age: 32 Yrs, Occ: Business, 3.
Akil Yusuf Qureshi, Age: 48 yrs, Occ: Business, 4.
Shakil Yusuf Qureshi, Age: 49 yrs, Occ: Business, 5.
Irfan Salim Qureshi, Age: 38 Yrs, Occ: Business,
6.
Bablu @ Imran Salim Qureshi, Age: 37 yrs, Occ: Business, 7.
Arshi Yunus Qureshi, Age: 29 yrs, Occ: Business, 8.
Mukhtar Haji Usman Patel, Age: 23, Occ: Business, 9.
Aacchu @ Ashfaq Haji Usman Patel, Age: 52 Yrs, Occ: Business, 10.
Haji Yunus Haji Usman Patel, Age: 54 Yrs, Occ: Business, 11.
Imtya @ Imtiyaz Haji Yunus Qureshi, Age: 30 Yrs, Occ: Business, 12.
Kamil Khalid Qureshi, Age: 16 yrs, Occ: Business, 13.
Shoaib Muslim Qureshi, Age: 20 yrs, Occ: Business, 14.
Muslim Haji Usman Patel, Age: 58, Occ: Business, 15.
Majidkhan Anis Qureshi, Age: 36 yrs, Occ:Business, 16.
Saabir Khan Anis Qureshi, Age: 35 yrs, Occ: Business, All R/o. Kasai Mohalla, Nandurbar, Dist. Nandurbar.
APPLICANTS / Accused
VERSUS
1.
The State of Maharashtra, Through P.I., Nandurbar City Police Station, Nandurbar.
2.
Rizwan Shaikh Burhan Khan Qureshi, Age: 27 years, Occ: Business, R/o. Kasai Mohalla, Nandurbar, Nandurbar.
RESPONDENTS ...
Mr.S.S.Kazi, Advocate for the applicants Mr.S.G.Karlekar, APP for the Respondent No. 1 / State Mr.S.D.Hiwrekar, Advocate for respondent no.2 ...
CORAM: S.S.SHINDE & K.K.SONAWANE,JJ.
Reserved on : 19.12.2016 Pronounced on : 05.01.2017 JUDGMENT: (Per S.S.Shinde, J.):
1.
Heard.
2.
Rule.
Rule made returnable forthwith, and heard finally with the consent of the parties.
3.
The learned counsel appearing for applicants and informants i.e. respondent no.2, in both Criminal Applications, jointly submit that the parties to this application, with an intervention of the elderly persons
in the community have settled the dispute amicably. In both the cases, the accused and the complainant/injured are belonging to the same community and most of them are resident in the same locality, and therefore, they decided to settle the dispute amicably, and accordingly, they have amicably settled the dispute. Therefore, they submit that the First Information Report bearing Crime No. 105/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 143, 147, 149, 324, 323, 337 of the Indian Penal Code and Section 4/25 of the Indian Arms Act and the First Information Report bearing Crime No.103/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 307, 143, 147, 148, 149, 336 and 506 of the Indian Penal Code may be quashed and set aside.
4.
Pursuant to the notices issued to the respondents, the terms of settlement are
filed i.e. compromise between the parties. The said documents are signed by the applicants and also the informants in both Criminal Applications.
5.
We have carefully perused the investigation papers. We have also asked the injured persons, who are present in the Court, whether the compromise is an outcome of their voluntary act with free will and consent or same is under coercion. They stated that, compromise between the parties is with free will and without any coercion.
They further stated that, they have sustained simple injuries and said injuries are not inflicted by the dangerous weapons.
6.
We have considered the facts of the case, terms of compromise, investigation papers, weapons used and medical certificates, in the light of the exposition of law in the case of Narinder Singh and
others Vs. State of Punjab and another1 and in particular principles laid down in para 29.1 to 29.7 of the said Judgment, and we are of the opinion that in the peculiar facts of this case, it would be proper to accept the terms of compromise and quash the First Information Reports so as to prevent the abuse of process of law / court. In view of the settlement/compromise, informants are not going to support prosecution case and consequently chances of conviction are blink/remote. The applicants/accused have also stated that they will not indulge into such alleged offences in future.
7.
Since applicants and informants have already settled the dispute amicably and they claim that they are from the same community and residing in the same locality, and consequently decided not to proceed with the further proceedings based upon the first [2014] 6 SCC 466
information report bearing Crime No.105/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 143, 147, 149, 324, 323, 337 of the Indian Penal Code and Section 4/25 of the Indian Arms Act and the first information report bearing Crime No.103/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 307, 143, 147, 148, 149, 336 and 506 of the Indian Penal Code, no fruitful purpose will be served to continue the further investigation/ proceedings on the basis of the aforementioned crimes. 8.
In that view of the matter, both the First Information Reports i.e. the first information report bearing Crime No.105/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 143, 147, 149, 324, 323, 337 of the Indian Penal Code and Section 4/25 of the Indian
Arms Act and the first information report bearing Crime No.103/2016 registered at City Police Station, Nandurbar, for the offences punishable under Sections 307, 143, 147, 148, 149, 336 and 506 of the Indian Penal Code are quashed and set aside.
9.
Rule is made absolute on above terms. Both Criminal Applications are disposed of accordingly.
Sd/- Sd/- [K.K.SONAWANE] [S.S.SHINDE] JUDGE JUDGE DDC