In the case Vaibhav Pradeep Kharode v. State of UP, Allahabad High court, headed by Justice Mohd. Faiz Alam Khan quashed the criminal proceedings against an Air force officer for taking an active part in creating problems inside the hotel. The court is of the opinion that if the proceedings get initiated then it would not result in the fruitful purpose as the victim himself has denied any participation of the applicant in the assault. The court held “I am of the considered view that the proceedings of the criminal case pending before the court below would not yield any fruitful purpose as the opposite party nos.3 and 4 ( alleged injured persons) have categorically denied that any ‘marpeet’/assault was done by the applicant or he had participated in the incident. Thus all the proceedings of Case No.415/2018, arising out of Case Crime No.1343 of 2017.. District Lucknow including Charge sheet dated 03.11.2017 as well as cognizance order dated 18.07.2018 pending before the Chief Judicial Magistrate, Lucknow to the extent of applicant – Vaibhav Pradeep Kharode, are hereby quashed.”
The counsel on behalf of the officer told the court that it is a sheer misconception of facts that leads to the appearance of the name of the officer in the FIR. It was further stated that the room of the hotel had been booked by the officer on 15/10/17 and the officer went to the hotel roof for dinner.
He incidentally met some unknown person and incidentally joined him to take some drinks and when the drink had not been served the fellow mate of his went to the hotel lobby where the dispute already took place.
Thereafter police were called upon by the hotel staff to stop the further ruckus. The officer was allegedly dragged in the FIR with having no role to play.
It was further stated before the hon’ble court that the settlement has already taken place between the officer, hotel staff and victim.
The Court held that the incident involved a minor criminal offence “the clear stand of opposite party nos.2 to 4 is that the instant applicant, who is an Air Force Officer, was not involved in any incident that happened on that day.“
The court also took note of the report submitted by the Senior Registrar in the matter regarding the settlement, wherein it was also mentioned that the officer had not been part of the altercation.
Accordingly, the criminal proceedings, including the charge-sheet was quashed against the officer.
The court took note of the report which was submitted by the Senior Registrar in which it was clearly depicted that there is no involvement of officer in the dispute.
So the court quashed the charge sheet along with criminal proceedings against the officer.