Serve at old-age home for six months: Bombay High Court’s condition for quashing FIR

The Bombay High Court recently allowed a petition seeking quashing of a first information report subject to the petitioners serving at an old-age home two Sundays each month, for six months. [Amol Ramakant Ekbote & Ors. v The State of Maharashtra and Ors.].A Bench of Justices AS Kilor and PB Varale passed the order after noting that no purpose would be served by continuation of the proceedings since the complainant and accused had agreed to amicably settle the matter.“We allowed the petition in terms of prayer (a) subject to condition that the Petitioner Nos.1 to 5 and Respondent No.2 to attend Niwara Old Age Home situated at Sadashiv Peth, Pune having on a periodical basis i.e. on every first and third Sunday from 11.00 am to 2.00 pm for a period of six months,” the Court stipulated before quashing the FIR..The case related to abduction and assault for extorting money. The petitioners had got acquainted with the original complainant and had convinced him to participate in online betting with a promise of handsome returns on his investment. One of the petitioners then won 30,000 points for the respondent on a betting app, and demanded ₹30 lakh in return.Upon being told by the respondent that he did not have that kind of money, the petitioners allegedly abducted, assaulted and abused him.Being aggrieved, the respondent registered a complaint with the police and subsequently offences under Sections 365 (abduction), 384 (extortion), 504 (intentional insults), 506 (criminal intimidation), 34 (common intention) were registered against the petitioners.The accused submitted that some of the them, due to registration of the crime, had lost their jobs and found it tough to find employment after that. They assured the Court that they were remorseful and willing to provide social service in view of their past activities..The original complainant had also filed an affidavit stating that:Both the parties had decided to resolve the issue amicably and he had given his consent out of free will;They had amicably settled their misunderstandings and hence wanted technicalities to not hinder peace from prevailing in the society;Continuing the prosecution would be of no benefit to anybody as the crime came to be registered merely due to misunderstanding and miscommunication..The Court accepted the same.The Bench took into consideration the plea of the petitioners that they were young, wished to settle in life, and wanted to forget the past and start their career afresh.Finding that keeping the FIR alive would serve no purpose except burdening the already burdened criminal courts, the High Court found no impediment in quashing the FIR..Advocate Shriram Pingle instructed by advocate Shraddha Sawant appeared on behalf of the petitioners.Assistant Public prosecutor SD Shinde and advocate SP Mane appeared on behalf on the respondents.[Read Order]

Serve at old-age home for six months: Bombay High Court’s condition for quashing FIR

Satyendra Wankhade

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