Imran S/O. Gaffar Shaikh vs The State O Fmah. Thr Pso Katol, ...
2021 Latest Caselaw 11802 Bom

  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)

  *******************************************************************************
                      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.




 ANSARI



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 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.

 ANSARI



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 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

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)




 ANSARI