Bharati W/O Maroti Shivarkar And ... vs State Of Maharashtra Thr. Police ...
2021 Latest Caselaw 1142 Bom

                                                     1                  J-APL-33.21-2.odt

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

              CRIMINAL APPLICATION (APL) NO.33 OF 2021

 1.             Sau. Bharati W/o. Maroti Shivarkar,
                Aged 30 years, Occ. Housework
                (Informant)

 2.             Vijay S/o. Sahebrao Ambhore,
                Aged about 35 years, Occ. Labour

                Both R/o. Rajendra Nagar, Akot,
                Tah. Akot, Dist. Akola.                            . . . . APPLICANTS

                . . . . VERSUS . . . .

                State of Maharashtra through
                Police Station Akot (City),
                Dist. Akola.                                  . . . NON-APPLICANT
 ---------------------------------------------------------------------------------------------
 Shri G.N.Shinde, Advocate for applicants.
 Shri S. D. Sirpurkar, Additional Public Prosecutor for
 Non-applicant - State.
 ------------------------------------------------------------------------------
                                CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED :18/01/2021.

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

1. Heard.

2. Rule. Rule is made returnable forthwith.

3. This is joint application filed by the Informant and

the accused under Section 482 of the Code of Criminal Procedure

challenging registration of the First Information Report

No.292/2020 registered with the non-applicant no.1 - Police

2 J-APL-33.21-2.odt

Station for offences punishable under Sections 354, 452 and 504

of the Indian Penal Code.

4. The First Information Report came to be registered

against the accused no.2 with the allegation that the applicant

no.2 pushed the applicant no.1 during quarrel and touched her

chest.

5. During the pendency of the proceedings against the

applicant no.2, the applicant nos.1 and 2 have settled their dispute

amicably. The applicant no.1 - Informant has filed her affidavit

that the First Information Report was registered in heat of anger.

It is also stated that the accused no.2 is her neighbour and to

maintain their cordial relationship, she intents to withdraw the

allegations against the applicant no.2.

6. We have carefully considered the contents of the

First Information Report. It appears that the offences alleged

against the applicant no.2 are personal in nature. Therefore, no

useful purpose would be served by continuing with the

prosecution as the chances of conviction of the applicant no.2 are

bleak.

3 J-APL-33.21-2.odt

7. In view of the judgment of the Apex Court in the

case of Narinder Singh and others Vs. State of Punjab and anr.

reported in AIR 2014 SCW 2065,, we are satisfied that the First

Information Report registered against the applicant no.2 needs to

be quashed and and set aside. Therefore, we, pass the following

order:

8. Rule is made absolute in terms of prayer clause (A).

Prayer clause A reads as under:

"A. Quash and set aside the First Information Report vide Crime No.0291/2020 registered by the non-applicant no.1 - Police Station, Akot (City), Dist. Akola for the offences punishable under Sections 354, 452 and 504 of the Indian Penal Code. (Annexure-3 to the petition)".

                      JUDGE                               JUDGE

 Ambulkar