A Criminal Application seeking quashing of an FIR was allowed on the grounds of amicable settlement and lack of serious injury evidenced by medical certificates, treating the case as a private dispute improvable under the Supreme Court's decision in Gian Singh.
The FIR No.0188/2016 is quashed and set aside under Section 482 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ash
apl-528.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 528 OF 2016
Mr. Tatyasaheb P. Pawar and Others. .. Applicants Vs State of Maharashtra and Others. .. Respondents –
Shri M.V. Thorat for the Applicants. Dr.F.R. Shaikh, APP for the Respondent No.1. Shri Fauzan Shaikh for the Respondent Nos.2 to 5.
CORAM : A.S. OKA & A.A.SAYED, JJ DATED : 15TH JULY 2016
P.C.
ash 2 apl-528.16
ground of amicable settlement between the parties as stated in the affidavit filed by the first informant and the victims of the offences. On the earlier date, we have perused the medical certificates. On perusal of the medical certificates, we found that no case was made out for applying Section 326 of the Indian Penal Code. Perusal of the FIR shows that the incident was due to the dispute between the two groups. Though the statement of the first informant on the basis of which the impugned FIR was registered indicates that the injuries suffered were serious, the medical certificates show to the contrary. Moreover, the Applicants and the family members of the first informant are related to each other. Therefore, we find that a private dispute between the two group of individuals has led to the registration of offence. The offence cannot be said against the society at large. In view of the settlement of the dispute between the two groups, this is a fit case to exercise powers under Section 482 of the CrPC in view of the decision of the Apex Court in the case of Gian Singh v. State Bank of Punjab1 .
1 (2012) 10 SCC 303
ash
apl-528.16
3
ORDER :
(a) Rule is made absolute in terms of prayer clause (a) which reads thus:
“(a) This Hon Court be pleased to quash and set aside the FIR No.0188/2016 registered at the instance of Respondent Police Station for the offences punishable under sections 326, 325, 323, 143, 147, 148, 149, 504 & 506 of Indian Penal Code alongwith Section 135 of Bombay Police Act.”
(b) All concerned to act upon an authenticated copy of this order.
(A.A. SAYED, J)
2 issues framed by the court
Whether the powers under Section 482 CrPC should be exercised to quash an FIR involving a private dispute resolved by amicable settlement.
Whether the medical evidence negates the gravity of injury required for Section 326 IPC offences in this case.
Colour shows how this judgement treated each authority
Gian Singh v. State Bank of PunjabExplained¶13
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Mr. Tatyasaheb P. Pawar and Others
State of Maharashtra
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
