Allowed

Vilas Kishan Bhoite @ Shamrao Kisan Bhoite and Anr. v. the State of Maharashtra and Anr.

Bombay HC5 May 2016APL/264/2016

Case brief

AI extract

What is this about?

This High Court of Bombay Criminal Appellate Jurisdiction quashed criminal proceedings and stayed related court proceedings upon finding the FIR arose from a minor altercation with minor injuries, noting a complete settlement between the parties and applying the ratio from Gian Singh vs State of Punjab.

What did the court decide?

Application allowed; proceedings in C.R.No.51/2016 stayed and the rule made absolute in terms of the prayer clause.

Vilas Kishan Bhoite @ Shamrao Kisan Bhoite and Anr. Vs the… — Quashing and FIR | Bombay HC (2016)

apl264a

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL APPLICATION NO.264 OF 2016

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Vilas Kishan Bhoite
@ Shamrao Kisan Bhoite & Anr.
vs.

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The State of Maharashtra & Anr. ...Respondents

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Ms Reshma Apte i/b Mr.Samarth S. Karmarkar for the
applicants
Ms M.H.Mhatre, APP for the respondent No.1
Ms Rushita Jain for respondent No.2

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CORAM : A.S.OKA, &
 P.D.NAIK, JJ.

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 DATE : MAY 5, 2016

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P.C.:

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1Rule. The learned APP waives service for the
first respondent and the learned counsel for the
second respondent waives service. Forthwith taken up
for final disposal.

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2The prayer in this application under section
482 of the Code of Criminal Procedure,1973 (for
short `the said Code') is for quashing the criminal
proceedings on the basis of the FIR lodged at the
instance of the second respondent for the offence
punishable under sections 323, 324, 504, 506 (II)
read with section 34 of the Indian Penal Code along
with section 37(1) read with section 135 of the
Maharashtra Police Act,2012 with the Samata Nagar
Police Station, Mumbai.

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2The case of the second respondent is that on

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2 apl264a

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27th January 2016, he was driving his own car on the
way to his workplace. At about 11.45 when he was
near Ahilyadevi Holkar Chowk, Wadarpada Road No.1,
Kandivali (East), Mumbai, someone abused him in a
very filthy language and screamed at him.
Therefore, he stopped his car and got down the car.
The person abusing him shouted at him by telling him
that he was about to hit a lady as well as another
person walking on the street. The said person was
the first applicant and there was exchange of words
between the first applicant and the second
respondent. The allegation of the second respondent
is that not only the applicants abused him but also
assaulted him by hands and by stones.

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2The second respondent has filed an affidavit
dated 17th March 2016 recording that there is a
complete settlement between him and the applicants
and therefore, he has no objection if the present
application is allowed.

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3We have heard the learned counsel for the
parties. We have perused the charge sheet. We find
that the injury certificate on record shows that the
second respondent suffered minor injuries. From the
charge sheet, we find that it cannot be said that
the offence is against the society at large. In
fact, it appears that an altercation between the
second respondent and the first applicant on a minor
issue led to registration of the FIR. Now, there
is a complete settlement of dispute between the
parties. Therefore, ratio of the decision of the

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3 apl264a

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Apex Court in the case of Gian Singh versus State of
Punjab and another1 will apply to the present case.
Accordingly, the application must succeed.

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4 Hence, we pass the following order:

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(I) Rule is made absolute in terms of prayer clause (b) which reads thus: “(b) That this Hon'ble Court be pleased to grant stay to the proceedings in the C.R.No.51/2016 registered with Samata Nagar Police Station, Mumbai till the final disposal of this Application.”

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(II) All concerned to act upon an authenticated copy of the Judgment and Order.

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(P.D.NAIK,J.)

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1 (2012) 10 SCC page 303

Vilas Kishan Bhoite @ Shamrao Kisan Bhoite and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vilas Kishan Bhoite @ Shamrao Kisan Bhoite and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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