Piyush S/O Rakesh Jain And 4 Others vs State Ofmah. Thr. Pso Ps Ram Nagar ...
2021 Latest Caselaw 10197 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                        CRIMINAL WRIT PETITION NO. 06/2021


 1]       Sh. Piyush S/o Rakesh Jain,
          Aged about 42 years, Occ. Business,
          R/o. Opp. Adarsh Petrol Pump,
          Mul Road, Patrakar Nagar,
          Chandrapur, Tah. & Dist. Chandrapur 442401

 2]       Smt. Dharmlata W/o Rakesh Jain,
          Aged about 63 years, Occ. Business,
          R/o. Shubhvilla, Plot No. 2,
          Gurudwara Road, Opp. Tirupati Daily Needs,
          Tukkum, Chandrapur,
          Tah. & Dist. Chandrapur 442401

 3]       Sh. Rishabh S/o Rakesh Jain,
          Aged about 34 years, Occ. Business,
          R/o. Shubhvilla, Plot No. 2,
          Gurudwara Road, Opp. Tirupati Daily Needs,
          Tukkum, Chandrapur,
          Tah. & Dist. Chandrapur 442401

 4]       Sh. Rakesh S/o Mahendrakumar Jain,
          Aged about 66 years, Occ. Business,
          R/o. Shubhvilla, Plot No. 2,
          Gurudwara Road, Opp. Tirupati Daily Needs,
          Tukkum, Chandrapur,
          Tah. & Dist. Chandrapur 442401

 5]       Smt. Neha W/o Rishabh Jain,
          Aged about 32 years, Occ. Business,
          Gurudwara Road, Opp. Tirupati Daily Needs,
          Tukkum, Chandrapur,
          Tah. & Dist. Chandrapur 442401

                                                               .... PETITIONER(S)

                                   // VERSUS //


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          The State of Maharashtra,
          Through Police Station Officer,
          Ram Nagar Police Station,
          Chandrapur
                                                               .... RESPONDENT(S)

  *******************************************************************
               Shri A.T. Purohit, Advocate for the petitioner(s)
              Shri V.A. Thakare, APP for the respondent/State
  *******************************************************************

                           CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

AUGUST 03, 2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.



 3]               By this petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, the petitioners

have jointly requested for quashing and setting aside the F.I.R.

No. 1004/2019 dated 10/08/2019 and Charge-Sheet No. 204/2020 dated

06/06/2020 registered with the respondent - Police Station for the offences

punishable under Sections 498-A, 323 and 504 read with Section 34 of the

Indian Penal Code.

4] The first information report came to be registered against the

petitioner nos. 1 to 4 with the accusations that the petitioner nos. 1 to 4

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physically and mentally harassed the petitioner no. 5. It is also alleged that

the petitioner no. 3 assaulted the petitioner no. 5. The Investigating Agency

carried out the investigation and filed charge-sheet against the petitioner

nos. 1 to 4. During the pendency of the proceedings, the petitioners have

mutually resolved their dispute and have therefore challenged registration of

the first information report and charge-sheet by way of this petition.

5] This Court on 22/07/2021 directed the petitioner nos. 3 and 5

to remain present before this Court. The petitioner nos. 3 and 5 are present

before the Court today. We enquired with the petitioner no. 5 as to whether

the consent given by her is out of her free will or not. The petitioner no. 5

who knows English language stated categorically that she has decided to

withdraw the proceedings filed against the petitioner nos. 1 to 4 out of her

free will. She also stated that she does not want to prosecute the petitioner

nos. 1 to 4.

6] We have carefully considered the allegations in the first

information report and the material produced before this Court in the form

of charge-sheet. On careful scrutiny of the matter, it appears that the

offences alleged against the petitioner nos. 1 to 4 are personal in nature. 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

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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 and consequent

charge-sheet against the petitioner nos. 1 to 4 deserve to be quashed and set

aside.

8] Hence, the following order:-

F.I.R. No. 1004/2019 dated 10/08/2019 registered with the

respondent - Police Station and consequent Charge-sheet

No. 204/2020 dated 06/06/2020 against the petitioner nos. 1

to 4 for the offences punishable under Sections 498-A, 323 and

504 read with Section 34 of the Indian Penal Code are 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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