1 cr-apln-3579-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 3579 OF 2010 Samad Abdul Sattar Kunda & Ors. ..Applicants Vs. The State of Maharashtra and Ors. ..Respondents .... Smt. Sartaj Shaikh Adv. for applicants Mr. J.P.Kharge APP for State Mr.S.S.Bhandary i/b Mr. Ravi B.Mungekar Adv. for Respondent nos. 2 to 5 .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 15, 2010 P.C.: 1 Heard the learned advocate for the applicants-original accused, the learned advocate for the respondent nos.2 to 5 and the learned APP for the State. 2 The applicants are seeking quashing of FIR No. 49 of 2009 of Seweri Police Station, Mumbai. The said case is under Sections 307, 384 r.w. Section 34 of IPC. 3 The learned advocate for the applicant submitted that the parties have amicably settled the dispute, hence, the FIR and proceedings be quashed. 4 I have perused the statement of the complainant. He has 2 cr-apln-3579-10 specifically stated that the applicant no.1 along with applicant no.2 had rushed towards him with scooter and abused him. The applicant no.1 specifically told the complainant Anwar Dawood Pathan that “Gando, you do not know who I am. I am nephew of Aftab Batki, if you want to do business here and if you do not pay me hafta, I will kill you. ”. Thereafter, at about 6 p.m. to 6.30 p.m. the applicant nos.1, 2, 3 and 6 armed with deadly weapons came running towards the complainant. Applicant no.1 Samad was armed with knife, applicant no.2 Irfan was armed with knife, applicant no.6 Asmat was armed with an axe and applicant no.3 Faisal was armed with iron rod. On seeing the accused armed with deadly weapons, the persons who were at the spot, got terrified and ran helter skelter. On seeing that there was danger to the life of the complainant Babubhai, Mehmood and Razak tried to save him. Thereupon, applicant no.1 assaulted Babubhai on his back with Sura. Applicant no.2 assaulted Mehmood with knife and applicant no.3 Faisal assaulted Razak with iron rod. Applicant no.6 Hasmat also assaulted Razak with the handle of axe. The injury certificate of Mehmood shows that he sustained three stab wounds on the abdomen. Looking to the averments in the FIR and the nature of the injuries, in my opinion, it is not a fit case to exercise discretion in favour of applicants 1,2, 3 and 6. 3 cr-apln-3579-10 5 At this stage, learned advocate for the applicants stated that as far as applicants nos. 4 and 5 are concerned, the complainant has not attributed any role to them. Hence, at least the case be quashed in relation to these two accused. No doubt the complainant has not attributed any role to applicant nos. 4 and 5. However, the two injured persons i.e. Mehmood and Razak have stated that 8 to 9 accused participated in the assault. Both these witnesses have identified applicants nos.4 and 5 in the test identification parade, held on 16.6.2009, as having participated in the assault. 6 Looking to the facts as disclosed in the FIR and the other material on record including statements of injured witnesses even though, there may have been a compromise between the parties, I am not inclined to use my discretion to quash the FIR. Hence, the application is rejected. [ SMT. V.K.TAHILRAMANI, J.]