CHHAYA LAXMAN SAPKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Revision application is by the accused in Criminal Case No. 437/p of 1987 pending in the Court of the Metropolitan Magistrate, 35th Court, V. T. Bombay. The Assistant Public Prosecutor sought leave to withdraw from the prosecution. The learned Magistrate rejected the application on the ground that the chances of likely failure of the case is not a valid ground for withdrawal of the prosecution. The accused impugn the Order.

(2.) THE applicants on the one hand and the respondent No. 2, the complainant on the other, are neighbours. On a trivial quarrel over drying clothes in the gallery, there was a scuffle between the applicants on the one hand and the members of the family of the respondent No. 2 on the other. Then physical assault followed. A tooth of the applicant No. 2 was disclosed and uprooted. The applicant No. 1 filed the complaint at the Railway police Station at V. T. accusing the Respondent No. 2 of having committed offences punishable under sections 323, 325 r/w section 34 of the I. P. C. The respondent No. 2 filed a complaint seven days later, accusing the applicants of having committed the offences punishable under sections 323, 325 and 326 of the I. P. C. The only fact which distinguishes the two rival cases is that in the case filed by the applicants, the respondent No. 2 and members of her family have been accused of grievous hurt by dislocating a tooth.

(3.) THE question is whether on these facts, the learned Magistrate was right in refusing to grant his consent to the withdrawal from the prosecution of the case No. 437/p of 1987 filed by the Respondent No. 2.