Allahabad High Court quashes criminal proceedings against Air Force officer in hotel ruckus case

The Allahabad High Court recently quashed criminal proceedings (including the charge-sheet) against an Air Force officer who had earlier been accused of being part of a mob that created ruckus inside a hotel. (Vaibhav Pradeep Kharode v. State of UP).Justice Mohd. Faiz Alam Khan quashed the proceedings, while observing that the proceedings would not yield any fruitful purpose since the allegedly injured persons have denied any assault by the officer. ."I am of the considered view that the proceedings of the criminal case pending before the court below would not yield any fruitful purpose as the opposite party nos.3 and 4 ( alleged injured persons) have categorically denied that any 'marpeet'/assault was done by the applicant or he had participated in the incident. Thus all the proceedings of the Case No.415/2018, arising out of Case Crime No.1343 of 2017.. District Lucknow including Charge sheet dated 03.11.2017 as well as cognizance order dated 18.07.2018 pending before the Chief Judicial Magistrate, Lucknow to the extent of applicant - Vaibhav Pradeep Kharode, are hereby quashed", the Court said. .The application was moved by Air Force officer Vaibhav Pradeep Kharode, who was charged with being a part of a mob that created ruckus inside a hotel. .Advocate Surangama Sharma, appearing for the applicant-officer, submitted that the First Information Report (FIR) in the case was lodged on the basis of some misunderstanding when no such incident had happened..It was further submitted that due to sheer misconception and misunderstanding, the name of the officer had surfaced in the FIR. It was stated that the officer had only booked a room in the concerned hotel on October 15, 2017 and gone to the hotel roof top to have dinner. .There, he is stated to have met some unknown persons and they incidentally joined him in his room to take drinks. However, when the drinks were allegedly not served in the room, the others who had come to the officer's room is stated to have gone to the hotel lobby where an altercation allegedly took place, the Court was told. .Thereafter, the police was called by the hotel staff as well as by the officer, it was submitted..As such, the officer was dragged into the FIR without having any role to play in the ruckus created at the hotel, the Court was told. .It was also informed that there has been an amicable settlement between the hotel staff, the accused and those allegedly injured. The State submitted that the dispute has been compromised, although the manner in which the incident took place was disgraceful. .The Court noted that the incident pertained to minor criminal offences and that "the clear stand of opposite party nos.2 to 4 is that the instant applicant, who is an Air Force Officer, was not involved in any incident happened on that day.".The court also took note of the report submitted by the Senior Registrar in the matter regarding the settlement, wherein itwas also mentioned that the officer had not been part of the altercation..Accordingly, the criminal proceedings, including the charge-sheet was quashed against the officer. .Advocate Surangama Sharma, appeared for the applicant-officer, Advocate Abhishek Khare, appeared for certain opposite parties and Additional Government Advocate Rajesh Kumar represented the state. .[Read order]