Shaikh Imran Ahemad And Another vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 6320 Bom

                                              1                               19-apl-271-21j.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 271 OF 2021

  1. Shaikh Imran Ahemad S/o. Shaikh Daut,
     Age- 27 years, Occ. Labourer,
     R/o. Behind Chitra Talkies,
     Nagpur Fail, Pulgaon,
     Dist. Wardha.

  2. Shirin Sadab Shaikh Imran Shaikh,
     Age 20 years, Occ. Housewife,
     R/o. Savali Sadoba, Tah. Arni,
     Dist. Yavatmal.                                                     . . . APPLICANTS

                         ...V E R S U S..

  State of Maharashtra through
  Police Station Officer,
  P.S. Parwa, District Yavatmal.                                   . . . NON-APPLICANT

 ------------------------------------------------------------------------------------------------
 Shri S. B. Gandhe, Advocate for applicants.
 Shri S. P. Deshpande, A.P. P. for respondents/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 08.04.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith.

3. By this joint application under Section 482 of the Code of

Criminal Procedure the applicant no. 1-accused and the applicant no.

2-complainant have jointly prayed for quashing and setting aside the

2 19-apl-271-21j.odt

First Information Report (FIR) No. 344/2019, dated 08.11.2019 for

the offence under Sections 306, 504 and 506 of the Indian Penal Code

registered against the applicant no. 1 and consequent charge-sheet

bearing No. 321/2020 filed before the learned Judicial Magistrate First

Class, Ghatanji vide R.C.C. No. 547/2019.

4. The FIR came to be lodged against the applicant no. 1 with

accusations that the applicant no. 1 being husband of the applicant no.

2, abused the applicant no. 2 and her father using filthy language. On

06.11.2019, the applicant no. 1 abused father of the applicant no. 2

and therefore, father of the applicant no. 2 committed suicide by

consuming poison. The applicant no. 2, therefore, lodged report with

the non-applicant-Police Station for the offence punishable under

Sections 306, 504 and 506 of the Indian Penal Code. The non-

applicant/State carried out the investigation and charge-sheet is filed

against the applicant no. 1 after completing the investigation. After

filing of the charge-sheet, the applicant no. 1 and the applicant no. 2

(wife of the applicant no. 1) have mutual resolved their dispute. The

applicants have therefore jointly filed the present application seeking

quashment of the FIR and charge-sheet filed against the applicant

no. 1.

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5. We have carefully considered the allegations in the FIR. The

allegations in the report does not disclose that there is suicide note left

by the deceased. It is only on the basis of the statement of the

applicant no. 2, the report came to be lodged against the applicant no.

1. In view of the aforesaid circumstances, particularly in view of the

fact that the applicant no. 2, being wife of the applicant no. 1 and have

settled the matter amicably, chances of conviction are bleak.

6. The Apex Court in the case of Madan Mohan Abbot

reported in (2008) 4 SCC 582 has taken a view that it is advisable that

in disputes where the question involved is of a purely personal nature,

the Court should originally accept the terms of compromise even in

criminal proceeding as keeping the matter alive with no possibility in

favour of the prosecution is a luxury which Courts, grossly over-

burdened, as they are, cannot afford and that the time so saved can be

utilized in deciding more effective and meaningful litigation.

7. We, therefore, pass the following order :-

First Information Report No. 344/2019, dated 08.11.2019

registered against the applicant no. 1 with the non-applicant-Police

Station for the offence punishable under Section 306, 504 and 506 of

the Indian Penal Code and charge-sheet bearing No. 321/2020, dated

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10.10.2020 pending on the file of Judicial Magistrate First Class,

Ghatanji bearing R.C.C. No. 547/2019 are quashed and set aside.

Rule is made absolute in the above terms.

                             JUDGE                                          JUDGE




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