Allowed

Parasram S/O. Lalsing Rathod and Others v. the State of Maharashtra and Anr.

Bombay HC22 Jun 2018APPLN/1043/2018

Case brief

AI extract

What is this about?

Single bench criminal application under section 482 CrPC filed to quash FIR regarding alleged poisoning and assault between families. Court allowed application finding settlement and lack of serious injury made trial futile.

What did the court decide?

Application allowed; relief granted in terms of prayer clause 'B' quashing first information report and rule made absolute.

Parasram S/O. Lalsing Rathod and Others Vs the State of… — Quashing and FIR | Bombay HC (2018)

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1 CrAppln 1043 18J

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1043 OF 2018

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1. Parasram s/o Lalsing Rathod, Age 60 years, Occ. Agriculture, R/o. Kirla, Tq. Mantha,

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District Jalna.

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2. Rajesh s/o Parasram Rathod, Age 40 years, Occ. Agriculture, R/o. Kirla, Tq. Mantha, District Jalna.

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3. Vanita w/o Rajesh Rathod, Age 30 years, Occ. Household, R/o. Kirla, Tq. Mantha, District Jalna.

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...Applicants

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(Ori. accused)

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VERSUS

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1. The State of Maharashtra. Through Police Station Mantha, Dist. Jalna.

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2. Shilabai w/o Haribhau Rathod, Age 42 years, Occ. Agril. & Household, R/o. Kirla, Tq. Mantha, District Jalna.

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... Respondents
(Respondent No. 2is
 original informant)

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Advocate for Applicants : Mr. S.J. Salunke.
APP for respondent No. 1/State : Mr. S.J. Salgare.
Advocate for Respondent No. 2 : Mr. A.D. Gade.

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CORAM:T.V. NALAWADE &
K. L. WADANE, JJ.
DATE:22nd June, 2018.

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ORAL JUDGMENT :

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1.Rule. Rule made returnable forthwith. With the
consent of the parties, this application is taken up
for final disposal.

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2 CrAppln 1043 18J

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2.Present proceeding is filed under section 482

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of the Code of Criminal Procedure for relief of
quashing of first information report No. 236/2017,
registered with Mantha police station, for the offences
punishable under section 307, 323, 504 read with
section 34 of the Indian Penal Code.

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3.Crime is registered on the basis of report
given by respondent No. 2. The applicant No. 1 is
brother-in-law of respondent No. 2, applicant No. 2 is
a son of applicant No. 1 and applicant NO. 3 is wife of
applicant No. 2. There was some dispute between the
families and the incident took place on 31.08.2017.
The allegations are made by respondent No. 2 that in

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the morning time when she was present on the common
bandh of land, the applicants picked up quarrel by
questioning her authority to do the work there and they
forcibly administered poisonous substance to her.

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4. The report was given on 31.08.2017 itself and
the crime came to be registered for the aforesaid

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offences. This Court has seen the papers of
investigation and the papers show that there was no
surface injury. Apparently, there was not forceful
administration of poisonous substance.

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3 CrAppln 1043 18J

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5.Learned counsel for respondent No. 2 is
present and respondent No. 2 has filed affidavit-in-
reply. Respondent No. 2 has contended that parties

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have settled the dispute amicably and to avoid further
dispute the respondent No. 2 has given consent for
giving the relief claimed in the present proceeding.

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6.In view of the relationship between the
parties and in view of the the nature of material
collected and as parties are settled their dispute,
this Court hold that it would be futile exercise if
the charge-sheet is filed and the applicants are tried
for the aforesaid offences. This Court hold that
relief claimed is to be granted. Hence, following order
is passed.

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ORDER

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1 The application is allowed.

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2 Relief is granted in terms of prayer clause 'B'.

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 7.Rule is made absolute in aforesaid terms.

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(K. L. WADANE, J.) (T.V. NALAWADE, J.)

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mkd

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Parasram S/O. Lalsing Rathod and Others v. the State of Maharashtra and Anr.

Case brief

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Parasram S/O. Lalsing Rathod and Others 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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Statutes considered

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