1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 1530 OF 2009 Pramod S/o Hastimal Runwal and others Versus Rajmukar Shantilal Bhandari and another. *** Mr. V. G. Sakolkar, Advocate for the Applicants. Mr. S. R. Choukidar, Advocate for Respondent No.1. Mr. D. R. Korde , A.P.P. for the Respondent/ State. *** CRIMINAL APPLICATION NO.: 2302 OF 2009 Ram S/o Shantilalji Bhandari and others Versus Pramod S/o Hastimalji Runwal and another. *** Mr. S. R. Chaukidar, Advocate for the Applicants. Mr. V.G..Sakolkar, Advocate for the Respondent No. 1. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED:-4th SEPTEMBER, 2009 1. Heard respective counsel. The Applicants in Application No.1530 of 2009 are seeking to quash Crime No.38 of 2009 while the Applicants in 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Application No.2302 of 2009 are seeking to quash FIR Crime No.37 of 2009, both registered at Sadar Bazar Police Station, Jalna under section 395 of IPC. 2. It is informed by counsel, the individual parties are respectable personalities of Jalna. They are well educated too. One of the Applicant Sunil S/o Madanlal Chordiya is in service and was on duty on 18th February, 2009 at the time of alleged incident taken place between two fractions. 3. The incident allegedly has taken place on 18th February, 2009 in relation to the locking of the Ganesh Bhavan by rival group, same was questioned, challenging the authority to do so. There was some bickering and altercation. The one group - complainant in Crime No.37 of 2009, claimed that his golden ornaments worth Rs.15,000/- and chain and ring worth Rs.35,000/- are snatched. The other group of Crime No.38 of 2009 informed that at the material time golden ornaments, cash was snatched 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. valued at Rs.51,700/- and hence offence under section 395 of IPC. 4. In the light of pleading in para 12 of Criminal Application No.1530 of 2009, Mr. Sakolkar and Mr. Chaukidar inform that both the group have settled the controversies as it is arising more out of misunderstanding than any event. According to the learned counsel, the applicants individually were in a dazed position, got more estranged and felt annoyed due to obstacle created by rival group as they wanted that their religious mentor to be given hospitality which was denied. 5. In the F.I.R. it appears that a colour of dacoity is given to a simple incident of so called snatching or loosing the gold ornament in the melee of controversies without intention to rob anybody. The gravity as indicated in section 395 IPC speaks for punishment for dacoity. Dacoity is defined in section 391 IPC, when five or more persons conjointly 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity". Dacoity is made punishable at four stages. When five or more persons assembled for the purpose of committing dacoity, shall each of them is punishable under section 402 merely on the ground of joining the assembly. Another stage is that the preparation and if any one makes preparation to commit a dacoity is punishable under section 399. Taking survey of all this, I find offence of dacoity could not have been attributed. It was probably opinion of the learned Investigator to increase gravity of the matter to create pressure amongst the rival group the offence under section 395 came to be indicated and registered. 6. Taking survey of all the facts, the F.I.R. as a 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. whole, will not be available to be coined against each one of the group. The position of law to exercise powers under section 482 Cri.P.C. are clearly indicated in the celebrity judgment of the Apex Court in the matter of "State of Haryana and others V/s Ch. Bhajan Lal and others" reported in AIR 1992 S.C. 604 wherein Their Lordships have indicated seven categories. Their Lordships indeed added a note of caution that the powers of quashing a criminal proceeding should be exercised very sparingly and that too in the rarest rare case. It is settled principle, if the purpose of securing the ends of justice, quashing of FIR is necessary. Section 320 Cr.P.C. would not be a bar to exercise power under section 482 Cr.P.C., in peculiar facts of present case. As stated earlier, the parties have worked out the controversy. The nature of averments will not be making the case under section 395 IPC. Consequently, F.I.R. No.37 of 2009 and F.I.R. No.38 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. of 2009, registered at Sadar Bazar Police Station is set aside. 7. Rule is made absolute in above terms. [K. U. CHANDIWAL, J.] Dated:04/09/2009. ans/1530