In a recent decision from the Nagpur Bench of the Bombay High Court, two requests to cancel police reports were denied, even though the people involved had reached an agreement. The case, overseen by Judges Nandesh S. Deshpande and Urmila Joshi-Phalke, involved serious accusations including attempted murder.
The case involved two opposing requests. In Criminal Application No. 1207/2025, Haji Sheikh Hussain Abdul Jabbar and others wanted to cancel Police Report No. 213/2015, which included charges like attempted murder and unlawful assembly. The other request, No. 1203/2025, aimed to cancel Police Report No. 214/2015 with similar charges and additional ones related to illegal weapons.
Both Haji Sheikh Hussain Abdul Jabbar and the State of Maharashtra submitted written statements saying they had reached a friendly agreement. The statements mentioned that the parties were relatives and had decided to drop the cases against each other. The incident happened over ten years ago, and some of the accused were elderly.
“The matter is amicably settled between both the parties. They have executed compromise deed and decided to withdraw counter cases...” (Written statement excerpt)
Despite the agreement, the court emphasized the seriousness of the charges, especially attempted murder. The court referred to previous decisions, noting that such charges are considered offenses against society, not just against individuals.
“Offences under Section 307, I.P.C. would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society...” (Court's reference)
The court noted that dangerous weapons were found with the accused, including swords and iron rods, which were stained with blood. Witness statements also confirmed the use of these weapons during the incident.
Considering the nature of the charges and the evidence, the court decided not to cancel the police reports, stating that doing so would not be right despite the agreement. The court stressed that such decisions should not stop legitimate prosecutions, especially in cases with serious societal impacts.
“We are of the considered opinion that only because the matter has been settled between the parties, it would not be proper to quash the First Information Report...” (Court's decision)
The requests to cancel the police reports were denied, reinforcing the idea that serious criminal charges cannot be dismissed just because of private agreements. The decision highlights the court's role in balancing personal agreements with justice for society.
