Single Judge allowed the application to quash FIR and chargesheet. The court found no material to proceed for trial due to delay, simple injuries, and existing injunction breach context.
Application allowed; FIR and chargesheet quashed; no cost awarded.
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.
2023:BHC-AUG:26928-DB
1571.2020APPLN -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
901 CRIMINAL APPLICATION NO. 1571 OF 2020
..APPLICANTS
-VERSUS-
Advocate for Applicants : Mr. Bhapkar S.B. APP for Respondent/State : Mr. A.R. Kale Advocate for Respondent No.2 : Mr. S. S. Thombre
CORAM : R.G. AVACHAT AND
SANJAY A. DESHMUKH, JJ. DATED : 20th DECEMBER, 2023.
ORAL ORDER (Sanjay A. Deshmukh, J.) :-
Report (FIR), being Crime No.143 of 2020 registered with Police Station, Yusuf Wadgaon, for the offence punishable under sections 307, 147, 148, 149, 323 of the Indian Penal Code and consequential
charge-sheet No.7 of 2021 for the offence punishable under sections 324, 147, 148, 149, 504 of the Indian Penal Code.
1571.2020APPLN -2-
1571.2020APPLN -3-
Regular Civil Suit No.169/1988. The informant and others have committed breach of that injunction order. Therefore, contempt proceedings are filed against them. He pointed out the decree passed by the District Court in Regular Civil Appeal No.21 of 2016. Initially, N.C. was registered and thereafter, the applicants are falsely implicated by lodging this report in which section 307 etc., of the Indian Penal Code wrongly invoked against the applicants. He lastly prayed to allow the application by quashing the report and chargesheet.
place between the family of the informant and applicants, the application deserves to be rejected. He prayed to reject the
1571.2020APPLN
-4-
application.
ORDER
(i) The application is allowed in terms of prayer clauses “B” and “F”.
(ii) No costs.
(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)
sga/
2 issues framed by the court
Whether the FIR and chargesheet filed under sections 307, 324, and other offences of IPC should be quashed due to insufficient material and delay.
Whether the injury certificates showing only simple injuries indicate that the essential ingredients of the alleged offences are not established.
2 provisions across 1 enactments
Sunil Pandurang Tat and Others
The State of Maharashtra
Bhima Bhagwat Shinde
R.G. Avachat
Sanjay A. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
