Single Judge Criminal Bench considered an application to quash an FIR for offences under sections 324 and 506 IPC. The court noted a complete settlement between parties and applied the principle from Gian Singh to hold it a fit case for quashing.
Criminal case pending before the Court is quashed and the application is made absolute.
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.
apl599
1
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL APPLICATION NO.599 OF 2016
Imtiyaz Iliyaas Shaikh ...Applicant
vs.
State of Maharashtra & Anr. ...Respondents
Mr.Himanshu S. Shinde for the applicant
Ms M.H.Mhatre, APP for the respondent No.1
Ms Reshma Gaikwad i/b Mr.Nitin Dandore for
respondent No.2
CORAM : A.S.OKA, &
R.D.DHANUKA, JJ.
DATE : SEPTEMBER 8, 2016
P.C.:
1The learned counsel for the applicant and the
second respondent states that total amount of costs
of Rs.20,000/- has been already paid to the Police
Welfare Fund.
2Rule. The learned counsel for the second
respondent waives service. The learned APP waives
service for the first respondent.
3The prayer in this application is for quashing
the FIR registered at the instance of the second
respondent for the offences punishable under
sections 324 and 506 of the Indian Penal Code. The
injury certificate of the second respondent has been
placed on record which is issued by Dr.R.Cooper
Hospital, Juhu. It records that the second
2 apl599
respondent has suffered two injuries which are
simple in nature. Perusal of the statement of the
second respondent on the basis of which FIR was
registered shows that the parties are related.
4There is an affidavit filed by the second
respondent in which she has stated that there is a
settlement between her and the applicant at the
intervention of the family members.
5Perusal of the allegations made in the FIR show
that the alleged offence cannot be said to be one
against the society at large. In view of a complete
settlement of the dispute in the the light of law
laid down by the Apex Court in the case of Gian
Singh vs. State of Punjab and another1 this is a fit
case to exercise power under section 482 of the
Code of Criminal Procedure,1973.
6Accordingly, we dispose of the application by
passing the following order:
(I)Criminal application is made absolute in
terms of prayer clause (a) which reads thus:
“(a) This Hon'ble Court may kindly quash
the Criminal Case No.2479/PW/2013 arising
out of C.R.No.416/2012 registered with
D.N.Nagar Police Station for offences
under section 324 & 506 of IPC which is
pending before the Ld. M.M. 10th Court at
Andheri (Mumbai) at the instance of the
1 (2012) 10 SCC 303
apl599
3
respondent No.2.”
(II) Parties to act upon an authenticated copy of this order.(R.D.DHANUKA,J.) (A.S.OKA,J.)2 issues framed by the court
Whether the Criminal Application for quashing of FIR registered for offences under sections 324 and 506 IPC is maintainable in view of complete settlement of dispute.
Whether the alleged offence can be said to be one against the society at large justifying exercise of powers under section 482 CrPC.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab and anotherApplied¶5
Gian Singh vs. State of Punjab and another 1 (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Imtiyaz Iliyaas Shaikh
State of Maharashtra
Second Respondent
A.S.Oka
R.D.Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court