Bombay High Court
Aishwarya Snehal Katkar And 5 ... vs The State Of Maharashtra, Thr. ... on 30 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.857.21-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 857 OF 2021
1. Aishwarya Snehal Katkar,
Aged : 24 Years, Occp. : Home-maker,
R/o.C/o. Sunil Sukhdevrao Wagh,
Kamla Jaju Nagar, Hingna Phata,
Kaulkhed, Khadan, Akola.
2. Snehal Domaji Katkar,
Aged : 27 Years, Occp.: Service.
3. Domaji Vitthal Katkar,
Aged : 51 Years, Occp. Service.
4. Narmada Domaji Katkar,
Aged : 47 Yrs. Occp. : Home-maker,
Nos. 2 to 4 R/o. Qtr. No.488,
Ramnagar Colony WCL, Ghuggus,
Chandrapur Maharashtra.
5. Asha Ranjeet Duryodhan,
Aged : 24 Yrs. Occp. : Home-maker.
6. Ranjeet Santosh Duryodhan,
Aged : 27 Yrs. Occp. : Service,
Nos. 5 & 6, R/o. Navin Sinala,
Post Urja-Nagar,
Tah. & Distt. Chandrapur. ......APPLICANTS
... VERSUS ...
State of Maharashtra,
Through P. S.O.,
Police Station, Khadan,
Tq. Akola, Distt. Akola. ......NON-APPLICANT
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Shri U. J. Deshpande, Advocate for the Applicants.
Shri S. M. Ghodeswar, Additional Public Prosecutor for the Non-applicant.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 30.08.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have jointly challenged
registration of the First Information Report No.653/2021 dated
30.05.2021 registered with the non-applicant - Police Station
against the applicant Nos.2 to 6 for the offences punishable under
Sections 498-A, 377 read with Section 34 of the Indian Penal
Code.
4. The First Information Report came to be registered
against the applicant Nos.2 to 6 with the accusations that the
applicant Nos.2 to 6 physically and mentally harassed the
applicant Nos.1 and the applicant No.2 had unnatural sex with the
applicant No.1.
5. During the pendency of the investigation, the applicants
have mutually resolved their dispute and have therefore filed
present application challenging registration of the First
Information Report.
6. We have carefully scrutinized the allegations in the First
Information Report and we are satisfied that the offences alleged
against the applicant Nos.2 to 6 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
of a purely personal nature, the Court should ordinarily accept the
terms of compromise even in criminal proceeding as keeping the
matter alive with no possibility of conviction in favour of the
prosecution is a luxury which the 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. The applicant No.1 is present in the Court along with
her father and has stated that she has no objection for quashing
the criminal proceedings against the applicant Nos.2 to 6. Her
father has also no objection for quashing the criminal proceedings
against the applicant Nos.2 to 6.
8. In view of the settlement between the applicants, there
is no impediment for quashing the First Information Report
registered against the applicant Nos.2 to 6.
9. We therefore, pass following order :
The First Information Report No.653/2021 dated
30.05.2021 registered with the non-applicant - Police Station
against the applicant Nos.2 to 6 for the offences punishable under
Sections 498-A, 377 read with Section 34 of the Indian Penal Code
is quashed and set aside.
10. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
