The Bombay High Court last week dismissed writ petitions filed by complainants in counter-FIRs registered with the Malwani police station in Mumbai, seeking a writ of certiorari to be issued for quashing of the said FIRs. The dispute arose between members of two different communities and it turned violent very quickly.
While dismissing the said petitions, refusing to quash the FIRs, the division bench of Justice RV Ghuge and Justice RS Patil observed –
“It appears that the communal frenzy between the two communities has led to the scuffle. Offences are clearly made out in both the FIRs.”
Case Background
A FIR was registered on October 12, 2024 at 12:29 am with the Malwani Police Station in Mumbai. The Informant approached the Police Station and lodged a complaint, leading to the invoking of Sections 115 (2), 352, 79 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as BNS 2023).
The First Informant belonging to the Muslim community, is a 27 year old woman who approached the said Police Station. The FIR reveals that a religious function was performed by people belonging to the Hindu community. On the occasion of the marriage of the Complainant’s brother, the family members of the Complainant were preparing to visit the market for shopping purposes, on October 11, 2024 between 5 to 5:30 pm.
A person, named Vijay, residing in the same lane, was sitting in the pandal along with his mother. The Complainant approached Vijay’s mother and uttered a sentence “Aunty All That Is Happening Wrong”. This one simple sentence evoked an unprecedented/unexpected reaction and Vijay, along with Rohit, Ranjit and Deepchand, abused the Complainant in foul language. Thereafter, the complainant’s brothers, namely, Salman Sayyed, Sahel Sayyed and Shohaib and the mother of the complainant, one, Mehrunnisa Sayyed, heard the abuses and came close to the complainant.
The accused allegedly assaulted the male members of the complainant’s relatives, including the complainant and her mother. Physical injuries were suffered by Mehrunnisa and a friend of the complainant, namely, Kamal Sultana. Thus the FIR was registered. It is alleged that the other side filed an FIR only to counter the first FIR.
Submissions
The Advocates for the petitioners in both the petitions, submitted that now both the parties desire to live peacefully and they have decided to settle the issue. They pray that the FIRs be quashed and the criminal proceedings be brought to an end.
Reliance was placed on a Judgment delivered by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr.
The APPs strenuously opposed these petitions contending that the present case is not a criminal case arising out of a Commercial transaction or having overwhelmingly and pre-dominantly civil character or arising out of matrimonial relationship or family disputes, which could be quashed when the parties come together.
They argued that a simple utterance of the complainant (in the First FIR), led to a serious reaction by the accused, who used filthy language, but even personal attacks on the character of the women present, including the complainant. The ladies were beaten up and they suffered injuries. This is a crime against the society. They, therefore, submit that the scope of Section 482 of the Code of Criminal Procedure (Cr.PC) should not be enlarged to include even such a case.
APP PN Dabholkar, submitted that the cross complaint, registered on October 12, 2024 at 12:05 hours, indicates that an offence was allegedly committed by the complainant and her close relatives who had lodged the first FIR. It is alleged that these complainants had objected to the Hindu community performing religious ceremonies and insisted that the loudspeaker should not be used. It is alleged that they climbed up on the stage in the pandal and desecrated the statute of a deity and the male members were beaten up with fists and kicks. There is an allegation of injuries being suffered by these persons who lodged the second FIR.
APP Dabholkar further submitted hat the charge-sheet is ready and would be filed before the appropriate Court.
Court’s Order
After going through the submissions, the bench relied upon the following case laws- Narinder Singh & Ors. (supra); Rajeev Kourav Versus Baisahab and Others; Kaptan Singh Versus State of Uttar Pradesh and Others and State of Odisha Versus Pratima Mohanty and Others to dismiss both the writ petitions. Court said-
“Specific contentions of offences are found in both the FIRs. The process of law would take its own course through the trial. We are not convinced that we should exercise our jurisdiction under Section 482 of the Cr.PC and ends of justice would not be met by quashing both the FIRs.”
Author: Nitish Kashyap