Rajendra Radhakisan Rathi And 2 ... vs State Of Mah. Thr. The Officer In ...
2021 Latest Caselaw 10872 Bom

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


                      CRIMINAL APPLICATION (APL) NO. 65/2021


 1]       Mr. Rajendra Radhakisan Rathi,
          Age 58 years,
          Presently residing at Shriji Sadan,
          Alsi Plot, Akola,
          Maharashtra 444 001

 2]       Mr. Shantadevi Radhakisan Rathi,
          Age 77 years, Having address at,
          Shriji Sadan, Alsi Plots, Akola
          Maharashtra 444 001

 3]       Mr. Saket Rajendra Rathi,
          Age 30 years, Having address at,
          Shriji Sadan, Alsi Plot, Akola
          Maharashtra 444 001
                                                                 .... APPLICANT(S)

                                   // VERSUS //

 1]       State of Maharashtra,
          (Through the Officer-In-Charge
          Khadan Police Station)
          Akola, District Akola

 2]       Dr. Sangeeta Rajendra Rathi,
          Age 56 years, Occ. Doctor,
          Presently R/at: Comos Residency,
          Opp. Vijay Nagari, Waghbil, GB Road,
          Thane (W) 400 607
                                                          .... NON-APPLICANT(S)

  *******************************************************************
               Shri N.R. Tekade, Advocate for the applicant(s)
             Shri V.A. Thakare, APP for the non-applicant/State
           Shri S.V. Bhutada, Advocate for the non-applicant no. 2
  *******************************************************************


 ANSARI



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

AUGUST 11, 2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.



 3]               This is an application under Section 482 of the Code of Criminal

Procedure challenging registration of F.I.R. No. 286/2017 registered with the

non-applicant no. 1 - Police Station for the offences punishable under

Sections 406, 498-A read with Section 34 of the Indian Penal Code. The

applicants have also challenged filing of charge-sheet and R.C.C.

No. 530/2018 pending before the learned Judicial Magistrate First Class,

Akola.

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

applicants with the accusations that the marriage of the non-applicant no. 2

was performed with the applicant no. 1 on 29/11/1985. It is alleged that

thereafter the applicants physically and mentally harassed the non-applicant

no. 2. The Investigating Agency carried out the investigation and filed

charge-sheet against the applicants.

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 5]               The applicant no. 1 and non-applicant no. 2 are present before

this Court today. The non-applicant no. 2 has filed additional affidavit dated

11/08/2021 in which she has specifically stated that the applicants and non-

applicant no. 2 have arrived at mutual settlement and she has no objection to

quash the first information report, charge-sheet and the criminal proceedings

against the applicants. It is stated that on 09/08/2021, the applicant no. 1

has deposited an amount of Rs. 34,50,000/- with the Family Court, Thane by

Demand Draft No. 004608 dated 17/07/2021 drawn on Akola Janata

Commercial Co-operative Bank Ltd., Akola in favour of the Principal Judge,

Family Court, Thane. The applicant no. 1 who is present in the Court has

stated that he has no objection for the non-applicant no. 2 to withdraw the

said amount deposited in the Family Court, Thane.

6] Having carefully considered the allegations in the first

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

charge-sheet, we are satisfied that the offences alleged against the applicants

are personal in nature. The Hon'ble Supreme Court in the case of Madan

Mohan Abbot vs. State of Punjab reported in (2008) 4 SCC 582 has taken a

view that it is advisable that in disputes where the question involved is

purely of a personal nature, the Court should ordinarily accept the terms of

the compromise even in criminal proceedings since keeping the matter alive

with no possibility of a result in favour of the prosecution is a luxury which

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Judgment 4 apl65.21.odt

the Courts, grossly overburdened as they are, cannot afford and that the time

so saved can be utilized in deciding more effective and meaningful litigation.

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, consequent

charge-sheet and criminal proceedings i.e. R.C.C. No. 530/2018 pending

before the learned Judicial Magistrate First Class, Akola against the

applicants deserve to be quashed and set aside.

 8]               Hence, the following order:-




                  (a)          F.I.R. No. 286/2017 registered with the non-applicant

no. 1 - Police Station and consequent charge-sheet and

R.C.C. No. 530/2018 pending before the learned

Judicial Magistrate First Class, Akola against the

applicants for the offences punishable under Sections

406, 498-A read with Section 34 of the Indian Penal

Code are quashed and set aside.

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                  (b)          The non-applicant no. 2 is permitted to withdraw the

amount of Rs. 34,50,000/- deposited with the Family

Court, Thane.

Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

                   (JUDGE)                                        (JUDGE)




 ANSARI