CrWP/863/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 863 OF 2011 Subhash Karbhari Kamble Age 36 years, Occ. Agri., r/o Khirdi, Tq. Shrirampur, District Ahmednagar. ..Petitioner VERSUS 1. The State of Maharashtra Through the Police Inspector, Shrirampur Taluka Police Station, Shrirampur, District Ahmednagar. 2.Nanasaheb Bhanudas Kamble Age 23 years, Occ. Agri., r/o Khirdi, Tq. Shrirampur, District Ahmednagar. ..Respondents ... Advocate for Petitioner : Shri R.R.Karpe APP for Respondents: Shri V.D.Godbharale ... WITH CRIMINAL APPLICATION NO.3849 OF 2011 Subhash Karbhari Kamble Age 36 years, Occ. Agri., r/o Khirdi, Tq. Shrirampur, District Ahmednagar. ..Petitioner VERSUS The State of Maharashtra Through the Police Inspector, Shrirampur Taluka Police Station, Shrirampur, District Ahmednagar. ..Respondent ... akl CrWP/863/2011 2 Advocate for Applicant : Shri R.R.Karpe APP for Respondent : Shri V.D.Godbharale and Advocate for complainant : Shri Sandeep S.Deshmukh ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: October 14, 2011 ORAL JUDGMENT : (PER A.H.JOSHI,J.):- 1. Rule. Rule is made returnable and the is heard by consent. 2. Heard respective Advocates. Perused the record. 3. Perusal of complaint discloses that the description of the offence under Section 376 of the Indian Penal Code and the offence under Section 307 of the Indian Penal Code alleging an attempt to murder by administering poison to the prosecutrix is not duly described. 4. The prosecutrix has filed an affidavit and stated that the complaint was filed by her husband for the offences under Sections 307, 452 and 354 of the Indian Penal Code and that it was filed due to mis- understanding. akl CrWP/863/2011 3 5. Considering the fact that though Section 376 of the Indian Penal Code was added in the first information report by the Police, later on, neither the complaint nor the version of prosecutrix contains any factual matter in that regard. 6. Moreover, so far Section 307 of the Indian Penal Code is concerned, there is no description much less supportive material in the complaint. 7. Noticing that the parties had used the law as a device of grinding axe as regards strained relations and had used the Police machinery and Court as their battle ground. Now they have arrived at amity. We had put the parties on term that they should deposit, by way of costs, sum of Rs.10,000/- with the Legal Aid Committee, if the compromise is to be acted upon. 8. Learned Advocate Shri Karpe reports that the petitioner/applicant Subhash Karbhari Kamble has deposited sum of Rs.10,000/- with the High Court Legal Services Authority, Aurangabad. We accept this as a good gesture and pass the following order. akl CrWP/863/2011 4 9. In view of this, the provisions, namely, Sections 307 and 376 of the Indian Penal Code are liable to be struck of from the first information report being a charge which is perfunctory. 10. Remaining offences being compoundable, considering the relations between the parties, we find that present is a fit case to quash first information report. 11. In the result, first information report in CR No.I-86/2011 registered under Sections 307, 452, 354 and 376 of the Indian Penal Code with Shrirampur Taluka Police Station, lodged by Nanasaheb Bhanudas Kamble (Respondent No. 2) is hereby quashed and set aside. Rule is made absolute accordingly. 12. In view of the quashing of first information report, Cr. Application No. 3849 of 2011 for bail does not survive and stands disposed of. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl