Judgment 1 apl759.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 759/2021
Imran S/o Gaffar Shaikh,
Shaikh,
Aged about 24 years, Occ. Student,
Presently R/o. C/o. Qtr No. D-1/8,
Katol Road, Near Police Sabhgruh,
Police Line Takli, Nagpur
.... APPLICANT
// VERSUS //
1] State of Maharashtra,
Maharashtra,
Through P.S.O., Katol,
Nagpur
2] Babbu S/o Rahmatulla Shaikh,
Shaikh,
Aged about 55 years, Occ. Business,
R/o. Sameer Cotton Industries Pvt. Ltd.,
Mouja Gonni, Survey No. 212/1, Savner
Road, Ghubadmeth, Katol, District Nagpur
441302, Police Station Katol
.... NON-APPLICANT(S)
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Shri V.N. Mate, Advocate for the applicant
Shri T.A. Mirza, APP for the non-applicant/State
Shri G.A. Mohammad, Advocate for the non-applicant no. 2
*******************************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
AUGUST 25, 2021 JUDGMENT : (PER:- AMIT B. BORKAR, J.) 1] Heard.
2] RULE. Rule made returnable forthwith.
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Judgment 2 apl759.21.odt
3] By this application under Section 482 of the Code of Criminal
Procedure, the applicant has challenged registration of the First Information Report No. 87/2021 registered with the non-applicant no. 1 - Police Station for the offences punishable under Sections 341 and 324 of the Indian Penal Code on the basis of settlement arrived at between the parties. 4] The first information report came to be registered against the applicant with the accusations that marriage between the sister of the applicant and son of the non-applicant no. 2 was solemnized on 15/10/2017 and Mehar amount of Rs. 1,51,000/- was fixed as deferred dower at the time of engagement. The son of the non-applicant no. 2 and the sister of the applicant resided together till 03/07/2018 but due to their misunderstanding they started residing separately. It is stated that three persons came in car near the house of the non-applicant no. 2 on the pretext of service of Court notice and thereafter assaulted the son of the non-applicant no. 2 by stick. 5] During the pendency of the investigation, the applicant and the non-applicant no. 2 have mutually resolved their dispute by settlement deed dated 31/05/2021. The non-applicant no. 2 has filed affidavit dated 03/07/2021 giving his no objection for quashing the first information report against the applicant.
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Judgment 3 apl759.21.odt
6] We have carefully considered the allegations in the first
information report, the deed of settlement dated 31/05/2021 and the affidavit dated 03/07/2021. On careful perusal of the allegations in the first information report, it appears that the first information report came to be registered due to the family dispute between the sister of the applicant and the son of the non- applicant no. 2. We are therefore satisfied that the chances of conviction are bleak. The Hon'ble Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in (2008) 4 SCC 582 has held that the criminal Courts are already burdened and when the parties have amicably settled their dispute and chances of conviction are bleak, it is not advisable to continue with the criminal proceedings.
7] In view of the ratio laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot (supra) and in view of the settlement between the parties, we are satisfied that the first information report against the applicant deserves to be quashed and set aside.
8] Hence, the following order:-
F.I.R. No. 87/2021 registered with the non-applicant no. 1 - Police Station against the applicant for the offences punishable ANSARI ::: Uploaded on - 27/08/2021 ::: Downloaded on - 27/08/2021 22:40:36 ::: Judgment 4 apl759.21.odt under Sections 341 and 324 of the Indian Penal Code is quashed and set aside.
Rule is made absolute in the above terms. Pending application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
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