Research › Search › Judgment

Bombay High Court · body

2013 DIGILAW 1338 (BOM)

Vinaya Shrikant Bansod v. State of Maharashtra

2013-07-17

A.I.S.CHEEMA, NARESH H.PATIL

body2013
JUDGMENT NARESH H. PATIL, J. 1. Heard. 2. Rule returnable forthwith. By consent heard finally. 3. The petitioners in both these petitions are practising Advocates in the Court at Gangapur, District Aurangabad. Both petitioners filed criminal complaints to Police Station, Gangapur, against each other which came to be registered as Crime of FIR No. I – 66 of 2013 under sections 143, 147, 149, 294, 384, 504, 506 of the Indian Penal Code and Crime of FIR No. II – 18 of 2013 under sections 509, 504, 506 of the Indian Penal Code. 4. Both the petitioners have filed affidavits and expressed desire to get these complaints quashed as they have settled the matter amicably. 5. The learned counsel appearing for the respective petitioners submit that being Members of legal profession it would not be reasonable and proper to pursue such complaints filed by the petitioners against each other. Whatever misunderstanding was there has been now sorted out. The petitioners wish to carry on in the profession maintaining its dignity and decorum. 6. We have perused the complaints filed by the petitioners against each other and the affidavits filed. Both the petitioners are practising in the same Court. 7. We are more concerned and disturbed to notice that members of the legal fraternity practising in the same Court have complained against each other. The matter has gone upto police station. Such instances ought to have been avoided. The petitioners could have taken assistance help of senior members or the members of the Association. The petitioners could have sought guidance from responsible persons before resorting to filing complaints. 8. Considering the facts & circumstances and the request made by the petitioners we find it appropriate to exercise our inherent jurisdiction conferred under Section 482 of the Criminal Procedure Code for setting aside the complaints. 9. Criminal Writ Petition No. 400 of 2013 and Criminal Application No. 2563 of 2013 are allowed. Crime of FIR No. I – 66 of 2013 under sections 143, 147, 149, 294, 384, 504, 506 of the Indian Penal Code and Crime of FIR No. II – 18 of 2013 under sections 509, 504, 506 of the Indian Penal Code registered at Police Station, Gangapur are quashed and set aside. Rule is made absolute in the above terms. Petition allowed.