911-APL-946-2025.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.946 OF 2025 Ramesh Shankar Nalwade ] Applicant versus The State of Maharashtra ] Respondent ….. Mr. Shrikrishna Ganbavale (through V.C.) a/w Mr. Ashirwad Kolekar, Mr. Prithviraj Raorane i/b Mr. Shantanu Patil, for Applicant. Mr. R.P. Kadam “B” Panel Counsel, for Respondent – State. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ DATE : 21st NOVEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK. J.]: 1. Heard Mr. Ganbavale, learned Counsel for the applicant and Mr. Kadam, learned Counsel for respondent – State. 2. This is an application for quashing of C.R.No. 516 OF 2023 registered at the instance of Rajarampuri Police Station, Kolhapur for the ofence punishable under section 160 of the Indian Penal Code. 3. The petitioner is 62 years of age. On 16th October, 2023 at about 10.00 p.m, Constable of Rajarampuri Police Station received a 1 of 3 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.11.21 17:18:56 +0530 911-APL-946-2025.doc phone call informing that at Bagal Chowk, certain members of Bagal Chowk Mitra Mandal are engaged in an argument regarding the accounts and monetary afairs of Mandal. Upon receiving the said message, the Police staf immediately proceeded to Bagal Chowk, where they observed several individuals arguing loudly amongst themselves. The Police Constable of Rajarampuri Police Station lodged the First Information Report on the prima facie evidence against them. 4. Mr. Ganbavale, learned Counsel for the applicant submitted that the applicant was not present at the scene of the quarrel. The respondent has falsely implicated the applicant. 5. The learned A.P.P supported the lodging of the F.I.R. 6. We ind from the record that the Police Personnel attempted to pacify the situation. Despite their eforts, the persons who were arguing over some monetary transactions continued the arguments. 7. Section 159 of the Indian Penal Code provides what is “Afray”. Section 159 reads thus; “159. Afray._ When two or more persons, by ighting in a public place, disturb the public peace, they are said to “commit an afray”. 2 of 3 911-APL-946-2025.doc 8. In the present case, allegation as can be seen from the F.I.R, is that conversation was in the nature of loud argument amongst four to ive person. It is alleged that the applicant was also amongst them. There is nothing to indicate that the persons were ighting in a public place which has disturbed the public peace to constitute an ofence under section 159 of the Indian Penal Code. In our opinion, ingredients of the ofence of “afray” are not at all made out from the allegations in the First Information Report even if they are taken at it’s face value. We, therefore, have not hesitation in allowing this petition in terms of prayer clause (b) which reads thus; “(b) That this Hon’ble Court be pleased to exercise its inherent powers under section 482 of the CrPC and corresponding Section 528 of the BNSS and quash and set aside the FIR bearing C.R. No.516 of 2023 registered at the instance of the Respondent and chargesheet there too for the ofences punishable under Sections 160 of the Indian Penal Code with the Rajarampuri Police Station, Kolhapur and all consequential proceedings arising therefrom”. 9. The petition is disposed of. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 3 of 3