Mohioddin and Others vs State of Maharashtra

A.P. Lavande, J.—Heard learned Adv. Mr. F.T. Mirza for the applicants and learned APP Mr. M.K. Pathan, who waives notice on behalf of respondent. Rule. Rule is made returnable forthwith. With the consent of learned counsel for the parties, this Application is heard finally at the stage of admission. Affidavits filed by all the applicants are taken on record. By this application, the applicants seek quashing of First Information Report No. 2/2013 dated 4th January, 2013 registered at Khandala Police Station, District Yavatmal, for the offences punishable under Sections 326, 294, 506 read with Section 34 of Indian Penal Code.

While the Applicant Nos. 3, 4 and 5 are the accused, the applicant nos. 1 and 2 are first informant and injured respectively.

All the applicants have filed their individual affidavits, inter alia, stating that they have settled the dispute amongst themselves and criminal proceedings initiated by applicant no. 1 by lodging the First Information Report be culminated by quashing the above referred First Information Report.

Considering the nature of the offences alleged to have been committed by applicant nos. 3, 4 and 5 and taking into account the statements in the affidavits filed by all the applicants, we are of the considered opinion that this is a fit case in which FIR No. 2/2013 dated 4th March, 2013 registered at Khandala Police Station, District Yavatmal, deserves to be quashed. Moreover, the compromise entered into between the parties comes within the parameters laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab and Another, . Therefore, in our view, the FIR No. 2/2013 dated 4th January, 2013 deserves to be quashed.

In view of above, FIR No. 2/2013 dated 4th January, 2013 registered at Police Station, Khandala, District Yavatmal, is quashed. Rule is made absolute in the afore said terms.