Allowed

Najim Mukhtar Aalam Shaikh and Ors. v. the State of Maharashtra and Anr.

Bombay HC11 Aug 2016APL/864/2016

Case brief

AI extract

What is this about?

Application for quashing of FIR arising from a petty altercation between young individuals. Court noted no serious injuries and recorded that a settlement had been reached with family intervention. Held that allegations were not of serious nature and case was fit for quashing under section 482 CrPC.

What did the court decide?

FIR No.277/2016 registered with Dadar Police Station u/s 323, 324 read with section 34 of IPC recorded as quashed and set aside.

Najim Mukhtar Aalam Shaikh and Ors. Vs the State of… — Cheque Dishonour | Bombay HC (2016)

apl864

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL APPLICATION NO.864 OF 2016

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Najim Mukhtar Aalam Shaikh & Ors. ...Applicants
vs.
State of Maharashtra & Anr. ...Respondents

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 ...Respondents

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Mr.Hemant Ingle i/b Mr.Prashant Goyal for the
applicants

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Ms M.H.Mhatre, APP for the respondent No.1
Mr.V.Khobragade i/b Mr.Tushar Khandore for
respondent No.2

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CORAM : A.S.OKA, &
 A.A.SAYED, JJ.

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 DATE : AUGUST 11, 2016

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P.C.:

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1Rule. Learned APP waives service for the first
respondent. Learned counsel for the second
respondent waives service. Forthwith taken up for
final hearing.

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2The prayer in this application under section
482 of the Code of Criminal Procedure,1973 is for
quashing the FIR registered at the instance of the
second respondent for the offences punishable under
sections 323, 324 read with section 34 of the Indian
Penal Code.

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3The incident occurred on 4th July 2016 at about
6.00 p.m. The second respondent is running a
business of selling eatables on a handcart. At

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apl864

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about 10.30 p.m on that day, the present applicants
came to the handcart of the second respondent. What
transpired thereafter is recorded in the statement
of the second respondent on the basis of which
impugned FIR was registered. It is stated that after
the applicants came back, they were under the
influence of liquor. Thereafter, there was an
altercation between the applicants and the injured
person (Mr.Isak). The allegation is that by
mistaking the second respondent as Isak, the
applicants assaulted him by using a kitchen knife.

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4On the last date, we have perused the Injury
Certificate of the second respondent and injured
person (Mr.Isak). We are satisfied that an offence
punishable under section 326 of the Indian Penal
Code is not attracted.

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5The respective ages of the applicants are 20
and 21. The second respondent is also of 20 years
of age. There is an affidavit filed by the second
respondent consenting for quashing the proceedings
on the ground that misunderstanding has been cleared
at the intervention of the friends and family
members.

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6The applicants have deposited a sum of
Rs.25,000/- by way of donation with the Maharashtra
State Legal Aid Services. A copy of the receipt of
donation is taken on record.

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7 The applicants and the second respondent are

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3 apl864

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young who are in early twenties. At the instance of
the friends and family members, a settlement has
been brought about. Looking to the nature of the
allegations in the FIR, it cannot be said that same
are of serious or heinous nature. Moreover, it
cannot be said to be an offence against the society
at large. Therefore, in view of the law laid down
by the Apex Court in the case of Gian Singh versus
State of Punjab and another1, this is a fit case to
exercise power under section 482 of the said Code.

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8Accordingly, we pass the following order:

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(I) Rule is made absolute in terms of prayer clause
(a) which reads thus:

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“(a) This Hon'ble Court be pleased to quash
and set aside the impugned FIR bearing
C.R.No.277 of 2016 u/s. 323, 324 read with
section 34 of the Indian Penal Code
registered with Dadar Police Station, Dadar,
Mumbai.”

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(II) All concerned to act upon an authenticated copy
of this order.

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(A.A.SAYED,J.)

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1 (2012) 10 SCC page 303

Najim Mukhtar Aalam Shaikh and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Najim Mukhtar Aalam Shaikh and Ors. v. the State of Maharashtra and Anr.

Case brief

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What did the court decide?

What the court decided

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