Bombay High Court
Hridayraj @ Raj S/O Joseph ... vs State Of Mah. Thr. Pso Ps Jaripatka ... on 20 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.52 OF 2021
APPLICANTS: 1. Hridayraj @ Raj s/o Joseph Alexander,
Aged about : 36 years, Occu. Business,
R/o Flat No.203, Suraksha Apartment,
16 Hindustan Colony, Amravati Road,
Nagpur - 440033.
2. Shri Jatin s/o Chandir Godhwani,
Aged : Major, Occu. Business,
R/o Plot No.282, Dayanand School
Road, Jaripatka, Nagpur-440014.
VERSUS
NON-APPLICANT : State of Maharashtra,
Through Police Station Officer,
Police Station, Jaripatka,
Nagpur.
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Shri Amit Khare, Advocate for applicants.
Shri S. D. Sirpurkar, Additional Public Prosecutor for Non-
applicant-State.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 20/01/2021.
ORAL JUDGMENT : (PER : AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule made returnable forthwith.
3. This is a joint application filed by the complainant
and accused under Section 482 of the Code of Criminal Procedure
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for quashing of First Information Report No.961/2020 for the
offences punishable under Sections 448, 452, 384, 143, 147, 149,
504 and 506-B of the Indian Penal Code registered with the non-
applicant - Police Station.
4. The First Information Report came to be registered
against the applicant No.1 with the accusations that the father of
the complainant has lost amount of Rs.18,00,000/- in cricket
betting and was unable to pay the said amount to the applicant
No.1. Since the father of the applicant No.2 was unable to pay the
said amount, the applicant No.1 threatened the applicant No.2
with dire consequences. Therefore, the First Information Report
came to be registered against the applicant No.1.
5. Pending the investigation of First Information
Report, the applicant No.1 and applicant No.2 have arrived at a
settlement. As per the terms of agreement, it is agreed that the
applicant No.2 shall pay amount of Rs.18,00,000/- to the applicant
No.1.
6. We have considered the allegations in the First
Information Report. From the allegations in the First Information
Report, it appears that the offences alleged against the applicant
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No.1 are personal in nature. The Hon'ble Apex Court in the case of
Madan Mohan Abbot Vrs. State of Punjab, reported in (2008)4
SCC 582 has held that the offences are personal in nature. It is
advisable to quash the First Information Report when the issue
between the parties is amicably settled.
7. In view of the Judgment of Hon'ble Apex Court in
the case of Madan Abbot (supra), we are satisfied that
continuation of the proceedings would amount to an abuse of
process of law.
8. We, therefore, pass the following order :-
ORDER
I] The First Information Report No.961/2020
registered with the non-applicant - Police Station
under Sections 448, 452, 384, 143, 147, 149, 504
and 506-B of the Indian Penal Code is quashed and
set aside.
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II] The amount of Rs.25,000/- deposited by the
applicants shall be transferred to the account of
High Court Legal Services Sub-Committee, Nagpur.
9. Rule is made absolute in the above terms.
JUDGE JUDGE
Choulwar
