Kumari Kenuben Sonubhai Konti And ORS v. U.T. Administration Of Dadra And Nagar Haveli And ORS

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1483 OF 2024 Kumari Kenuben Sonubhai Konti & Ors.

..Applicants

Versus

U.T. Administration of Dadra and Nagar Haveli & Anr.

..Respondents __________ Mr. Mahaling M. Pandarge for Applicants.

Mr. H. S. Venegavkar a/w. Manoj Sable and Budhbhushan Rajratna for U.T./Respondent No.1.

Mr. J. P. Yagnik, APP for State/Respondent No.2. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 13 FEBRUARY 2025 PC :

1.

This is an application for quashing of the F.I.R. registered vide C.R.No.30 of 2024 at Silvassa police station, Dadra and Nagar Haveli, on 08.03.2024.

2.

Heard Mr. Mahaling Pandarge, learned counsel for the Applicants, Mr. H. S. Venegavkar, learned counsel for the U.T./Respondent No.1 and Mr. Yagnik, learned APP for the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.02.17 10:49:04 +0530 VINOD BHASKAR GOKHALE

State/Respondent No.2.

3.

The Applicants are young students. The Applicant No.1 is a student of MBA course, the Applicant No.2 has recently completed her MBA course and the Applicant No.3 is a student of GNM course. According to the Applicants, they belonged to Scheduled Tribes and they were entitled to get a scholarship. But it was not released. As the scholarship was not released, there was an agitation which was attended by many students for demand of release of scholarship.

4.

The F.I.R. was lodged by the Principal of Dr. A. P. J. Abdul Kalam College, Silvassa, in respect of an incident dated 07.03.2024. It is alleged that, many students entered the college premises without permission. The Applicants were not even the students of that particular college. There are allegations that the Applicants and other students entered the college and provoked others to join them. On this basis the F.I.R. was lodged under sections 147, 149, 153, 186, 353, 447, 443 and 506 r/w. 34 of the I.P.C.

5.

Learned Special P. P. after having a discussion with the authorities, very fairly stated before the Court that the authorities have no objection for quashing of these proceedings. 6.

We have considered the stand taken by the Respondent Nos.1 and 2. It is a commendable stand. The entire future of the Petitioners would be affected because of this incident. They needed their scholarship. Though barging in the college in this manner is not justified, in our opinion, interest of justice would be served if the present proceedings are quashed. Thereby, Future of the students need not be affected adversely because of this incident. The investigating agency has no objection for quashing of this F.I.R.

7.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide C.R.No.30 of 2024 at Silvassa police station, Dadra and Nagar Haveli, on 08.03.2024 is quashed and set aside.

ii) The Application is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)