Bombay HC says kada not dangerous weapon as it quashes FIR

MUMBAI: A kada can hardly be called a dangerous weapon, observed Bombay high court while quashing with mutual consent a first information report lodged against an Air India security staffer by a passenger service executive who was allegedly hit on his head with it.

Justices Revati Mohite-Dere and Shriram Modak on September 30 quashed and set aside the FIR registered by Sahar police against Nirbhay Singh under IPC section 324 (voluntarily causing hurt by dangerous weapons) and proceedings before an Andheri magistrate. They directed Singh to deposit Rs15,000 as costs with the Mumbai Police Welfare Fund.

On August 10, 2021, Singh found a cigarette packet and a lighter with Prathamesh Pardeshi, who was on duty to assist passengers of United Airlines flight to New York. Pardeshi said he had cleared two security checks. Around 11.15pm Pardeshi came out of the aircraft. Singh called out to him. But Pardeshi objected and asked that he be addressed by his name. A quarrel ensued, but it was resolved by staff. Thereafter, Singh allegedly came towards Pardeshi and hit him on his head with the kada on his hand. A bleeding Pardeshi was taken to a hospital. An FIR was registered on his complaint and chargesheet filed before the magistrate.

Singh's petition said both settled their dispute. The FIR was a result of sudden quarrel, unintentional and there was no prima facie offence disclosed under 324 as the injury was not grievous. Pardeshi in his July 26 affidavit said he was withdrawing allegations against Singh. Before the judges, he iterated his consent to quash the FIR and proceedings.

The judges said, "It appears from the medical certificate that the injury sustained by the respondent (Pardeshi) on his head, is simple, caused by a metal kada. The incident appears to have taken place at the spur of the moment. We are doubtful if a kada can be said to be a dangerous weapon, warranting application of Section 324 of IPC." Referring to Supreme Court judgments that permit quashing by mutual consent, they allowed Singh's petition, noting that "parties settled their dispute and hence, no useful purpose would be served in continuing proceedings".


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