Allowed

Shri. Parasram S/O. Gyaniram Katre v. the State of Maharashtra Thr. Police Station Officer, Police Station Gondia Rural Gondia and Anothe

Bombay HC29 Apr 2024APL/409/2017

Case brief

AI extract

What is this about?

Application to quash FIR registered over an altercation in a Zilla Parishad committee meeting involving allegations of hurt and caste abuse. The parties amicably settled and the informant gave no objection. Holding continuation of prosecution an abuse of process, the court quashed the FIR subject to costs.

What did the court decide?

FIR crime No. 127/2017 quashed on mutual settlement; applicant to deposit Rs. 10,000 within a week.

Shri. Parasram S/O. Gyaniram Katre Vs the State of… — Caste Atrocities | Bombay HC (2024)

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2024:BHC-NAG:5245-DB

Judgment

1 apl 409.17

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

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CRIMINAL APPLICATION (APL) NO. 409/2017

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Shri Parasram s/o. Gyaniram Katre,
aged about 60 yrs., Occ. Agriculturist
and Chairman, Education and Health
Committee, Z.P. Gondia,
R/o. At Post, Hirdamali,Tah. Goregaon,
Dist. Gondia.

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... APPLICANT

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VERSUS

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1. State of Maharashtra, through Police Station Officer, Police Station Gondia (rural), Dist. Gondia.

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2. Mrs. Sunita w/o Sudhakar Madavi, aged about 55 yrs., R/o. Wadegaon, Tah. Tirora, Dist. Gondia.

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… NON-APPLICANTS

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Mr. R.M. Daga, Advocate for the applicant.
Mr. B.M. Lonare, Additional Public Prosecutor (APP) for non-
applicant No.1.
Mr. J.K. Matale, Advocate for non-applicant No.2.

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 CORAM: VINAY JOSHI AND
 MRS. VRUSHALI V. JOSHI, JJ.
 DATE: 29.04.2024.

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ORAL JUDGMENT (PER VINAY JOSHI, J.) :

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Heard.

Judgment

1 apl 409.17

2. Admit .

3.This is an application seeking to quash First Information
Report (‘FIR’) vide crime No. 127/2017 registered with Police Station
Gondia (rural) for the offence punishable under Sections 324 of the
Indian Penal Code, Section 3(1)(r)(s), 3(2)(v-a) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on
account of mutual settlement.

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4.The informant lady is a member of Zilla Parishad,
Wadegaon whilst the applicant is a Chairman of Education and
Health Committee, Zilla Parishad, Gondia. It is alleged that on
03.04.2017 in the committee meeting, there was altercation, in
which the applicant has thrown a glass of water on the person of
informant causing injury to her finger and also abused in the name of
caste. On the basis of report, the crime has been registered.

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5.Since both belongs to the same village and connected with
Zilla Parishad, the matter has been amicably settled. They have filed
a joint affidavit stating about settlement. Particularly, the informant
has stated that due to the settlement, she has no objection to quash
the proceeding. The informant is present before us who has been

Judgment

1 apl 409.17

identified by her Advocate Mr. Matale. The informant gave her no
objection to quash the proceeding.

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6.The incident appears to have occurred on the spur of
moment. The offence cannot be termed as heinous or anti-social. In
order to maintain peace, the parties have amicably settled the
dispute. In the circumstances, continuation of prosecution amounts
to abuse of the process of the Court. The applicant has shown
willingness to deposit Rs. 10,000/- towards costs.

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7.In view of above, applications stands allowed. We hereby
quash and set aside FIR vide crime No. 127/2017 registered with
Police Station Gondia (rural) for the offence punishable under
Section 324 of the Indian Penal Code, Section 3(1)(r)(s), 3(2)(v-a)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 on mutual settlement.

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8.The applicant shall deposit Rs. 10,000/- in the High Court
Bar Association, Nagpur from today within a week.

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9. Stand over to 06.05.2024 for noting compliance.

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(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Gohane

Shri. Parasram S/O. Gyaniram Katre v. the State of Maharashtra Thr. Police Station Officer, Police Station Gondia Rural Gondia and Anothe

Case brief

What is this about?

What did the court decide?

Shri. Parasram S/O. Gyaniram Katre v. the State of Maharashtra Thr. Police Station Officer, Police Station Gondia Rural Gondia and Anothe

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

Case details

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