Allowed

Mohammad Hasan S/O Mohammad Bashir and Another v. the State of Mah. Thr. Pso, Ps Juni Kamptee Dist. Nagpur and Another.

Bombay HC6 Nov 2023APL/1496/2023

Case brief

AI extract

What is this about?

High Court of Judicature at Bombay, Nagpur Bench allowed this application to quash criminal proceedings (RCC No. 174/2022) regarding public nuisance and threat causing fear of death under Indian Penal Code sections following a settlement between the applicants and the informant.

What did the court decide?

Application allowed; proceedings in RCC No. 174/2022 quashed and set aside.

Mohammad Hasan S/O Mohammad Bashir and Another Vs the State… — Quashing and FIR | Bombay HC (2023)

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2023:BHC-NAG:16266-DB

Judgment

04 apl 1496.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

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CRIMINAL APPLICATION (APL) NO. 1496/2023

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1.Mohammad Hasan s/o. Mohammad Bashir,
Aged about 34 yrs., Occ. Private,
R/o. Bhaji Mandi, Madan Chowk, Kamptee,
Dist. Nagpur.

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2.Mohammad Hussain s/o. Mohammad
Bashir, aged about 34 yrs., Occ. Private,
R/o. Bhaji Mandi, Madan Chowk, Kamptee,
Dist. Nagpur.
... APPLICANTS

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VERSUS

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1. The State of Maharashtra, through Police Station Officer, Police Station, Juni Kamptee, Dist. Nagpur.

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2. Mohammad Bilal Nagani s/o. Mohammad Hanif Nagani, aged about 36 yrs., Occ. Priavate, R/o. Dr. Sheikh Bunkar Colony, Kamptee, Dist. Nagpur.

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...NON-APPLICANTS

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Mr. Bhushan Dafle, Advocate for applicants.
Mr. M.J. Khan, APP for non-applicant No.1.
Mr. Vinay Rathi, Advocate for non-applicant No.2.

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 CORAM: VINAY JOSHI AND

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 M. W. CHANDWANI, JJ.
 DATE: 06.11.2023.

Judgment

04 apl 1496.23

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

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On oral request, the applicants are permitted to carry out
the necessary amendment forthwith.

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2. Stand over to 02.30 p.m.

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latter on:-

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[3. Heard finally with the consent of both sides.

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4. Admit .

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5.This is an application seeking to quash and set aside the
proceeding in RCC No. 174/2022 pending on the file of Judicial
Magistrate First Class, Kamptee, Dist. Nagpur arising out of First
Information Report (‘FIR’) vide Crime No. 175/2022 registered with
Police Station, Juni Kamptee, Dist. Nagpur for the offence punishable
under Sections 294, 323, 506(2) read with Section 34 of the Indian
Penal Code.

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6.It is the prosecution case that on the day of occurrence,
while informant was passing from the road, both applicants accosted
him and abused in filthy language. The applicants have also
threatened him to kill by show of weapon. The investigation is

Judgment

04 apl 1496.23

complete and charge-sheet has been filed. During pendency of this
application, the parties have amicably settled the dispute. The
informant has filed reply-affidavit about the settlement and his no
objection to quash the proceeding. It is informed that though
charge-sheet is filed, yet witness summons have not been issued.
The informant is present before us who has been identified by his
Advocate Mr. Vinay Rathi. The informant stated that both are
staying in the same vicinity and to maintain cordial relation, they
have settled the dispute. On our query, he stated that he do not wish
to go on with the prosecution.

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7.The incident is about giving threats by show of weapon
and abuses in filthy language. There are no allegations of causing
hurt. The offence cannot be termed as heinous or anti-social. Both
parties are residing in the same area and thus, settlement would
further in maintaining cordial relations. When it is brought to the
notice that the Police Machinery was rotated, the learned counsel for
applicants have expressed their willingness to deposit Rs. 20,000/-
towards cost.

Judgment

04 apl 1496.23

8.Considering the nature of crime and aspect of settlement,
continuation of prosecution would be exercise in futility. In view of
that, application is allowed. We hereby quash and set aside the
proceeding in RCC No. 174/2022 pending on the file of Judicial
Magistrate First Class, Kamptee, Dist. Nagpur arising out of First
Information Report (‘FIR’) vide Crime No. 175/2022 registered with
Police Station, Juni Kamptee, Dist. Nagpur for the offence punishable
under Sections 294, 323, 506(2) read with Section 34 of the Indian
Penal Code.

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9. Application stands disposed of in above terms.

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10.The applicants shall deposit cost of Rs. 20,000/- on or
before 09.11.2023 with the High Court Gazetted Officers’
Association, Nagpur.

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11. The matter be place on 10.11.2023 for noting compliance.

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(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)

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Gohane

Mohammad Hasan S/O Mohammad Bashir and Another v. the State of Mah. Thr. Pso, Ps Juni Kamptee Dist. Nagpur and Another.

Case brief

What is this about?

What did the court decide?

Mohammad Hasan S/O Mohammad Bashir and Another v. the State of Mah. Thr. Pso, Ps Juni Kamptee Dist. Nagpur and Another.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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