Ramlal @ Vinod Tanbaji Shambharkar And 3 Others v. The State Of Maharashtra Through Pso Ps Jaripatka Nagpur And Another

2024:BHC-NAG:8840-DB 45 apl 1033-2024.odt 1/5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.1033/2024 1.

Ramal @ Vinod Tanbaji Shambharkar, Aged about 49 years, Occ. Driver, 2.

Manorama @ Wnmala w/o Ashok Shambharkar, Aged about 65 years, Occ. Household, 3.

Naval s/o Ashok Shambharkar, Aged about 38 years, Occ. Painter, All 1 to 3 R/o Galli No.12, Republican Nagar, Behind Punjabi Line, Indora, Nagpur 440014 4.

Abdul Shakil Abdul Salam, Aged about 44 years, Occ. Labour, R/o Kundanlal Gupta Nagar, Near Nuri Manzil, Yashodhara Police Station Yashodhara Nagar, Nagpur ....APPLICANTS ...VERSUS...

1.

State of Maharashtra, through Police Station Officer, Police Station Jaripatka, Nagpur 2.

Shri Milind s/o Baliram Khobragade, Aged 50 years, Occ. Business, R/o Hudko Colony, Quarter No.14/18, Behind Sai Mandir, Jaripatka,

45 apl 1033-2024.odt 2/5 Nagpur, and R/o house No.1384, New Indora, Republic Nagar, Nagpur ...NON-APPLICANT S ---------------------------------------------------------------------------------- Shri N.R. Tekade, Advocate for applicants Ms S.S. Jachak, Addl. P.P. for non-applicant No.1/State Shri A.S. Shula, Advocate for non-applicant No.2 ---------------------------------------------------------------------------------- CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI , JJ..

DATE : 09 /0 8 /2024 ORAL JUDGMENT (PER :

V INAY JOSHI , J.) Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel for both the parties. 3.

This is an application seeking to quash the criminal proceedings i.e. Sessions Trial No.307/2022, arising out of First Information Report in Crime No.861/2021, registered with Police Station, Jaripatka, Nagpur for the offences punishable under Sections 307, 326 and 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act, on account of settlement.

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At the instance of report lodged by informant, namely Milind s/o Baliram Khobragade, initially a crime was registered for the offences punishable under Sections 326 read with 34 of Indian Penal Code. During the course of investigation, with permission of Court, Section 307 has been added and accordingly, chargesheet has been filed. It is the informant's case that the applicants are neighbouring residents. There happened to be a boundary dispute, on which, the parties were in rival terms. On the date of occurrence, they had a quarrel, in which, applicants have beated informant as well as his uncle Shriram by means of spade, bricks, fist blows and kicks. On the basis of said report, prosecution was initiated.

5.

It is informed that the learned trial Court has framed charges and evidence of only one punch witness has been recorded. At this juncture, the parties who are neighbours have realised their mistake and for maintaining cordial relations, they have settled the differences. Moreover, a Civil Suit was pending in

45 apl 1033-2024.odt 4/5 between them, which was also disposed by way of settlement. The informant Milind as well as injured Shriram have filed their affidavit stating about settlement and no objection to quash the proceeding. Both of them are present before us, who are identified by their advocates. They have reiterated the contents of affidavit and gave no objection.

6.

Though the provision under Section 307 has been added, it is submitted that the injuries are merely laceration and are not life threatening. It is informed that both injured were discharged on the very day from the Hospital. Pertinent to note that initially the offence was registered under Section 326 of the Indian Penal Code. No sharp edged weapon was used in the occurrence. The parties are neighbouring resident sharing a common compound wall. In order to maintain peace and harmony in the locality, they have arrived on settlement. Moreover, boundary dispute was also resolved by entering into compromise in Civil Court. In above peculiar facts, continuation of prosecution amounts to abuse of the process of the Court.

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In view of above, we proceed to pass the following order:

ORDER

i) The Criminal Application is allowed.

ii) We hereby quash and set aside the criminal proceedings i.e. Sessions Trial No.307/2022, arising out of First Information Report in Crime No.861/2021, registered with Police Station, Jaripatka, Nagpur for the offences punishable under Sections 307, 326 and 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act.

8.

Rule is made absolute in above terms. No costs. JUDGE JUDGE R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 12/08/2024 18:59:04