3 min readMumbaiJul 23, 2022 11:54 PM IST
First published on: Jul 23, 2022 at 11:54 PM IST
Observing that merely because the complainant in the case, the headmaster of a Nashik school, had given his consent to quash an FIR against a parent who had assaulted him and given life threats for allegedly scolding his child, the Bombay High Court has said that it was not inclined to set aside the case.
The court observed that the incident took place in full view of teachers and others in the school and the trial has also progressed where the headmaster, while giving evidence, has stuck to his version. It noted that the headmaster’s consent affidavit only refers to the settlement between the parent and him.
Last week, Justice Nitin M Jamdar and Justice N R Borkar heard a plea filed by the parent seeking to set aside the FIR registered on December 27, 2018, by Chandwad police station in Nashik rural under sections 353 (assault or criminal force to deter public servant from discharge of his duty) and 324 (voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code.
As per the headmaster, the incident took place in the school premises. The parent allegedly accosted him for scolding his child and assaulted him on the head with kada and fist blows. He also issued life threats, the headmaster claimed, adding that he was grievously injured and had to be treated.
The HC noted that seven witnesses have already been examined in the trial.
Advocate Suresh M Sabrad, appearing for the parent, said that though the FIR refers to a cognizable offence, the HC has the power to quash the same in certain circumstances. He added that the headmaster has also given his consent for the same through advocate Amey C Sawant.
The HC said, “Though it is correct that the court is vested with the power to quash the FIR by consent of the complainant, ultimately, the exercise will depend on facts of each case. We are not inclined to quash the FIR merely because of the consent affidavit.”
“…This incident of a parent assaulting the headmaster in school premises and causing grievous injury on the head will have a lasting and damaging impact on the school discipline and the society at general,” it added.
Refusing relief to the parent, the HC said, “Considering the stage at which the trial is, and the nature of the impact this crime would have on the society, we do not find that a consent affidavit can be a reason to quash the proceedings exercising the extraordinary powers of the court. Even otherwise, there is no case made out on merits. The writ petition is, accordingly, rejected.”
The Bombay High Court (File) 
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