Read Time: 03 minutes

Synopsis

A Division Bench of Bombay High Court comprising Justice Revati Mohite Dere and Justice S.M Modak has quashed and set aside an FIR registered under Section 324 of the Indian Penal Code.

The case pertains to an FIR that came to be lodged, after there was a quarrel between the respondent and the petitioner. The respondent was working in United Airlines of BWFS Company and was authorised to check the documents of passengers and issue boarding passes to them. A pack of cigarettes was found due to which a quarrel happened between the petitioner and respondent which was resolved by the staff. However, the petitioner then came back and assaulted the respondent with a Kada, which he was wearing in his hand. Subsequently, an FIR came to be lodged under Section 324 of IPC. Subsequently, an investigation was conducted and a charge sheet was filed.

The respondent had filed an affidavit before the court that he does not wish to proceed with the case and is withdrawing all allegations made by him, as against the petitioner, and gave no objection for quashing the proceedings.

The High Court while quashing the FIR noted that,

“It appears from the medical certificate that, the injury sustained by the respondent No.2 on his head, is simple in nature, caused by a metal kada. The incident appears to have taken place at the spur of the moment. We are doubtful whether kada can be said to be a dangerous weapon, warranting application of Section 324 of the Indian Penal Code”

Case Title: Nirbhay Parshuram Singh vs State of Maharashtra & Anr.