1 296311 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2963 OF 2011 Raju Rama Chavan & Ors. ...Petitioners V/s. The State of Maharashtra & Ors. ...Respondents Mr. Abhaysingh Shinde i/by Mr. Rahul Kulkarni for the Petitioners Mr. V.B. Konde-Deshmukh, A.P.P., for Respondent No. 1 Respondent Nos. 2 to 5, in person CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 19, 2011 P.C.:- This petition is for quashing of F.I.R. bearing C.R. No. 243 of 2011 dated 22nd August, 2011 registered with Nagpada Police Station for offences punishable under Sections 326, 323 and 34 of the Indian Penal Code read with Sections 37 (1) (a) and 135 of the Mumbai Police Act against the petitioners herein. 2 296311 2. The complainants (respondent Nos. 2 to 5) have filed joint affidavit, stating that the incident occurred on 22nd August, 2011 at about 12.30 p.m. on Krishna Janmashtami Dahihandi Day due to misunderstanding and sudden provocation between the parties. It is stated that the accused persons as well as the complainant party belong to same caste; and, due to intervention of elderly, senior members of their community, they have amicably resolved all their disputes. It has been agreed between the parties that the complainants will not precipitate the criminal action against the petitioners. In this backdrop, the present petition has been filed for quashing of F.I.R. 3. The learned A.P.P., on instructions of A.P.I. Mr. T.R. Karpe, Nagpada Police Station, who is present in Court, states that, since investigation was already completed, charge-sheet has been filed before the concerned Court. As the offence referred to in the charge-sheet is not compoundable, the petitioners have filed this petition, which is supported by the complainants, for quashing of the F.I.R. in question. Having perused the F.I.R., and more particularly, the injury certificates handed over to us by the learned A.P.P., we have no hesitation in accepting the joint request made by the accused persons and complainants, who are present in Court, and have been identified by 3 296311 the Investigating Officer as respondent Nos. 2 to 5, to quash the F.I.R. in question. The injuries caused to respondent Nos. 2 to 5 during the scuffle are all simple injuries. As is accepted by the members of the complainant-party that the incident occurred due to misunderstanding and sudden provocation, in the interest of justice, the joint request of allowing the petition in terms of prayer clause (b) thereof is granted. We are of the opinion that, in the fact situation of the present case, accepting such request would not affect public policy matter at all, being a private dispute between the accused party and the complainant party, which had occurred due to sudden provocation. 4. Accordingly, petition is made absolute in terms of prayer clause (b). As a consequence of this order, the charge-sheet filed before the concerned Court, as well as the criminal action initiated on the basis of the F.I.R. is also quashed, on condition that the petitioners shall pay costs quantified at Rs.10,000/- (Rupees Ten Thousand) directly in the State Treasury Account bearing No. 0055 for Police Department within one week from today; and receipt thereof is filed in the Registry within the same time, failing which, the matter be notified on 10 th January, 2012 under caption ‘Directions’. R.G. KETKAR, J. A.M. KHANWILKAR, J.