Anees S/O Babbu Shaikh And 6 Others vs State Of Mah. Thr. Pso Katol Nagpur ...
2021 Latest Caselaw 11800 Bom

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


                     CRIMINAL APPLICATION (APL) NO. 810/2021


 1]       Anees S/o Babbu Shaikh,
                          Shaikh,
          Aged about 32 years, Occ. Business,

 2]       Babbu S/o Rahmatulla Shaikh,
                                Shaikh,
          Aged about 55 years, Occ. Business,

 3]       Abeda W/o Babbu Shaikh,
                            Shaikh,
          Aged about 50 years, Occ. Business,

 4]       Samir S/o Babbu Shaikh,
                          Shaikh,
          Aged about 30 years, Occ. Business,

 5]       Jeba W/o Salman Shaikh,
                          Shaikh,
          Aged about 25 years, Occ. Business,

          All 1 to 5 are R/o. Sameer Cotton Industries
          Pvt. Ltd, Mouja, Gonni, Survey No. 212/1,
          Savner Road, Ghubadmeth, Katol,
          Dist. Nagpur 441302. Police Station Katol

 6]       Neha W/o Sadiq Waghade,
                          Waghade,
          Aged about 29 years, Occ. Household

 7]       Sadiq S/o Abdul Rajjak Waghade,
                                 Waghade,
          Aged about 38 years, Occ. Business
          Khapa, Near Khapa Police Station,
          Old Bus Stand, Savner Road, Nagpur
          P.S. Khapa, Nagpur
                                                                    .... APPLICANT(S)

                                      // VERSUS //

 1]       State of Maharashtra,
                   Maharashtra,
          Through P.S.O., Katol
          Nagpur




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 2]       Smt. Reshma Parveen Anees Shaikh,
                                      Shaikh,
          Aged about 26 years, Occ. Household,
          R/o. C/o. D-1/8, Katol Road,
          Near Police Sabhgruh,
          Police Line Takli, Nagpur

                                                           .... NON-APPLICANT(S)

  ********************************************************************************
                 Shri G.A. Mohammad, Advocate for the applicant(s)
                   Shri T.A. Mirza, APP for the non-applicant/State
                 Shri V.N. Mate, 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.



 3]               By this application under Section 482 of the Code of Criminal

Procedure, the applicants are challenging continuation of the proceedings bearing

R.C.C. No. 157/2020 pending before the learned Judicial Magistrate First Class,

Katol on the ground of amicable settlement between the parties.

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

applicants with the accusations that the applicants physically and mentally harassed

the non-applicant no. 2. The Investigating Agency after completion of the

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investigation filed charge-sheet. During the pendency of the proceedings before the

learned Judicial Magistrate First Class, Katol, the parties have mutually resolved their

dispute before the Family Court No. 2, Nagpur and have filed compromise deed

dated 31/05/2021 which is signed by the applicant no. 1 and non-applicant no. 2

who are husband and wife. In clause (8) of the said compromise terms annexed to

this application at Annexure - C, the applicant no. 1 and the non-applicant no. 2

have agreed to withdraw all the proceedings including the criminal proceedings

against each other. In addition to the compromise deed, the non-applicant no. 2 has

filed affidavit dated 05/07/2021 requesting for setting aside the proceedings against

the applicants. The said affidavit is at Annexure - D to the present application.

5] On careful perusal of the first information report and the 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 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.

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 6]               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 proceedings bearing R.C.C. No. 157/2020 pending before

the learned Judicial Magistrate First Class, Katol against the applicants deserves to be

quashed and set aside.

7] Hence, the following order:-

The proceedings bearing R.C.C. No. 157/2020 pending before the

learned Judicial Magistrate First Class, Katol against the applicants 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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