Criminal Writ Petition No. 4995, 5004 of 2015. Case: Aannapaa Avdhut Haladvdru and Ors. Vs The State of Maharashtra and Anr.. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 4995, 5004 of 2015 |
| Counsel | For Appellant: Mr. Wasim Samlwale i/b. Mr. U. R Mankapure, Advocates and For Respondents: Mr. Manoj M. Badgujar, Advocate |
| Judges | Naresh H. Patil and Prakash D. Naik, JJ. |
| Issue | Code of Criminal Procedure - Section 482; Indian Penal Code - Sections 143, 147, 148, 149, 307, 323, 324, 341, 504, 506; Constitution of India - Article 226 |
| Judgement Date | July 18, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Prakash D. Naik, J.
-
Rule. Rule is made returnable forthwith.
-
Learned APP waives service for Respondent -- State.
-
The petitioners in both these petitions have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India as well as the inherent powers of this Court under Section 482 of the Code of Criminal Procedure. The issues involved in both these petitions are interconnected with each other and hence, the petitions are disposed of by common judgment and order. In both these petitions, the petitioners and the respective complainants have submitted that the parties involved therein have resolved their disputes and have approached this Court for quashing by consent, the respective criminal proceedings.
-
Criminal writ petition no.4995 of 2015 is preferred by the petitioners who are original accused in C.R. No.45 of 2015, registered with Umadi Police Station, District Sangli. The said FIR was registered at the instance of second respondent for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 341, 504 and 506 of the Indian Penal Code (for short "IPC") and under Sections 4 and 25 of the Arms Act alongwith Section 135 of the Maharashtra Police Act. First Information Report (for short "FIR") was registered on 2nd October, 2015.
-
The brief facts in relation to C.R. No.45 of 2015 are as follows:-
(a) The complainant is the owner of the agricultural land situated at village Gadade. His brother Mallappa is also residing near the house of the complainant along with his family. His sisters Gangavva Mahadeo Gadade and Sangavva Amasidha Gadade are also residing in the nearby vicinity. The complainant, has brothers namely Annappa, Lakappa, Malappa, Kanappa, Nigappa and Aamasiddh. The brothers of the complainant Annappa, Lakappa, Kanappa, Nigappa and Aamasiddh are residing with their families in their houses situated in the field.
(b) Complainant's brother Malappa has sold his share in the property to his brother Lakappa. Annappa was demanding the land from the complainant. On that count, there was a quarrel between them.
(c) On 27th September, 2015, there was a quarrel between the sisters of the complainant namely Gangavva and Sangavva, on account of the boundary line of property. The brothers of the complainant namely Anappa, Aamsiddha, nephew Bansiddha and Hanumant had tried to intervene in the quarrel with a view to resolve the same. Complainant and his brother Kanappa has also tried to intervene in the quarrel. However, brother of the complainant namely Aamasiddha stated that the dispute should not be resolved on that day and and all of them left the place.
(d) The complainant and his brother Kanappa had gone to the field to bring the tractor. When they reached near the house of their brother Aanappa, it was noticed that people had gathered near the said house. At that time, Bansiddha and Aamasiddha intercepted the motor cycle of the complainant and his brother and they were abused. Bansiddha was holding sickle and Aamsiddha was carrying stick in their hands. At that time Aannappa, Avdhut Aannappa Gadade, Aamsiddha Aannappa Gadade, Bilayni Aamsiddha Gadade came their with sticks. Hanumant was armed with sword. They threatened the complainant and his brother that they will be killed. At that time, Bansiddha Haladvadru assaulted the complainant on his head by sickle and Aamsiddha assaulted him by stick. Others also assaulted by sticks. Hunumant was carrying sword and gave a blow on the head of Kanappa. All others also assaulted by sticks and fist blows. The complainant and his brother sustained injuries and they were taken to the hospital for treatment. On the basis of statement of complainant, this First Information Report (for short "FIR") was registered with Umadi Police Station, Sangli.
(e) Criminal Writ Petition No.5004 of 2015 assails FIR dated 28th September, 2015 registered with Umadi Police Station vide C.R. No.44 of 2015. The offencs were registered under Section 307, 323, 324, 452, 504, 506 read with Section 34 of the Indian Penal Code (for short "IPC"). The FIR has been registered at the instance of the second respondent namely Aamsiddha Avdhut Haladvadru. Petitioners therein are implicated as accused in the said FIR.
-
Brief facts as alleged in relation to C.R. No.44 of 2015 are as follows:
(a) Complainant Aamsiddha Avadhut Haladvdru is residing with his family in their house situated at the agricultural field situated at Umadi District, Sangli. The sisters of the complainant namely Sangavva is married to Aamsiddha Aanappa Gadade and his another sister Gangavva is married to Mahadeo Aannappa Gadade.
(b) On 27th September, 2015 there was a quarrel between Aamsiddha Gadade and Mahadeo Gadade on account of boundary line of the property. Hence, the complainant and his brother Malappa had tried to resolve that dispute. On account of quarrel, a complaint was lodged with the concerned police station at the instance of Mahadeo Gadade and hence, both the parties namely Aamsiddha Gadade and Mahadeo Gadade were called at the police station.
(c) At about 12.30 hrs, Ningappa and Siddhappa came near house of the complainant on motorcycle and started abusing the complainant. Ningappa was holding sword and Siddhappa was carrying axe in their hands. At the same time, Kanappa and Mahadu came at the said place and they also started abusing the complainant. They were holding sticks in their hands. Complainant called his brother Aannappa and Lakkappa. At that time, all the accused persons entered into the house of Aannappa and started assaulting the inmates of house. Ningappa assaulted the complainant on his head by sword. Others were also assaulted by sword, axe and sticks. All of them were treated at hospital. In view of the aforesaid incident, FIR was registered with Umadi Police station vide C.R.No.44 of 2015 at the instance of Aamsiddha Avdhut Haladvadru.
-
Petitioners in both these petitions have now approached before this Court and submitted that the parties involved in both these cases are closely related to each other. On intervention of elderly persons, the dispute between them are settled and, therefore, the FIR in the respective petitions may be quashed and set aside with the consent of the respondent/ complainant. The complainant in C.R.No.45 of 2015 have tendered an affidavit before this Court. Similarly, the injured persons in C.R.No.45 of 2015, Shri Kanappa Avdhut Haladvadru have also tendered affidavit. In the said affidavits it has been mentioned that due to misunderstanding the complainant have lodged the FIR No.45 of 2015 against the accused / petitioners in W.P. No.4995 of 2015. It is further stated that they have no objection to quash the aforesaid FIR.
-
The complainant in C.R.No.44 of 2015 namely Aamsiddha Avdhut Haladvadru have also submitted affidavit before this Court. In the said affidavit, it is submitted that due to misunderstanding he has filed the FIR bearing no.45 of 2015 and that he has no objection to quash the aforesaid FIR. Similarly, the other injured persons in C.R.No.44 of 2015, namely Aannappa Haladvadru, Yeravva Avdhut Haladvadru, Lakappa Avdhut Haladvadru, Mahadevi Annappa Haladvadru have also tendered affidavits reiterating the version of the complainant therein.
-
Learned counsel for the petitioners as well as the respondents in both the petitions representing the accused and complainant have submitted that the parties involved in both the complaints are closely related to each other. Some of them are brothers. It is submitted that parties have arrived at amicable settlement and, therefore, to put to an end to the dispute they have agreed to withdraw the proceedings against each other. It is submitted that in view of the said settlement, the respective complainants and the injured persons have consented for quashing the impugned FIRs which are subject matter of both the petitions. Reliance is placed on the following decisions of the Apex Court as well as this Court.
(1) 2014(6) SCC 466 Narinder Singh & Ors. Vs. State of Punjab & Anr.
(2) 204(1) Bom. C.R. (Cri.) 93 B.S. Joshi & Ors. Vs. State of Haryana & Anr.
(3) 2012(12) S.C.C. 401, Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat & Anr.
(4) 2008(1) Bom. C.R. (Cri.) 584 Abasaheb Yadav Honmane Vs. State of Maharashtra
(5) 2013 (3) Bom. C.R. (Cri.) 494, Raju @ Viswas Bharatrao Shitole & Ors. Vs. Stat of Maharashtra & Anr.
(6) 2010 (2) Bom. C.R. (Cri.) 229, Anjusingh Pramodsingh Rajput Vs. State of Maharashtra & Anr.
(7) Criminal Application No.2172 of 2009, Santosh Kaluram Landage & Ors. Vs. State of Maharashtra & Anr.
-
It is submitted by the learned counsel representing both the parties that in view of the aforesaid decisions, the impugned FIR's may be quashed and set aside. It is submitted that no purpose will be served by keeping the proceedings pending as there are remote chances of conviction. It is submitted that the Apex Court as well as this Court in decision cited above...
To continue reading
Request your trial