Bombay High Court
Tarun S/O Madanmohan Das And ... vs State Of Mah., Thr. P.S.O. ... on 22 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 cr-apl-324-20j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 324 OF 2020
1. Tarun S/o. Madanmohan Das,
Aged about 55 years, Occ. Businessman,
R/o. 196A, Prananda Building,
West High Court Road,
Dharampeth, Nagpur
Tah. & Dist. Nagpur.
2. Sushmita W/o. Tarun Das,
Aged about 49 years, Occ. Advocate,
R/o. 60, Ashoka Elite Bunglow,
Prakash Nagar, Dabha
(Near Toll Naka 9),
Dist. Nagpur. . . . APPLICANTS
...V E R S U S..
State of Maharashtra through
P.S.O., Gittikhdan, Nagpur,
Tah. & Dist. Nagpur. . . . NON-APPLICANTS
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Shri V. S. Mishra, Advocate and Dr. Renuka S. Sirpurkar, Advocate for
applicants.
Shri N. S. Rao, A.P.P. for non-applicant/State.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 22.01.2021
JUDGMENT (PER : AMIT B. BORKAR, J.) :-
1. Heard.
2. Rule. Rule made returnable forthwith.
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3. By this joint application under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of First
Information Report (FIR) under Sections 380, 427, 454 and 34 of the
Indian Penal Code.
4. Learned Advocates appearing for the applicants have
submitted that pending investigation into above FIR, the parties have
amicably settled their disputes and have entered into the settlement by
agreement date 12.03.2020. The copy of the said agreement has been
placed on record alongwith pursis dated 16.03.2020. The applicants
have therefore prayed for quashing and setting aside the subject FIR by
consent.
5. The present application has been affirmed by the applicant
no. 2, who is informant/complainant for registration of the FIR. In
para nos. 6 and 7 of the application, it is stated that the applicants
have amicably settled their disputes. On perusal of the FIR, it
transpires that the allegations are personal in nature. There is no
element of public law involved in the crime. The offence alleged could
not be said to have any impact on the society. In these circumstances,
and specially in view of the law laid down by the Apex Court in the
case of Madan Mohan Abbot Vs. Sate of Panjab [(2008) 4 SCC 582] ,
we find that no purpose would be served by keeping the subject FIR
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alive except ultimately burdening the Criminal Courts, which are
already over-burdened.
6. In light of the principle laid down by the Apex Court in
Madan Mohan Abbot (supra) as well as in the case of Narinder Singh
Vs. State of Panjab [(2014) AIR SCW 2065], we are of the considered
view that there is no impediment in quashing the subject FIR.
7. Accordingly, Rule is made absolute in terms of prayer
clause (A), which reads as under :-
"Quash and set aside the First Information Report dated
08.02.2020 lodged by applicant No. 2, registered by Non-applicant
police station vide crime no. 67/2020 for offence punishable
under section 34, 380, 427 and 454 of Indian Penal Code against
applicant no. 1 which is annexe herewith as ANNEXURE-I."
CRIMINAL APPLICATION (APPA) NO. 395 OF 2020
In view of the disposal of the Cri. Application (APL) No.
324/2020, the present Criminal Application praying for grant of time
to file certified copy of the FIR does not survive. It is disposed
accordingly.
JUDGE JUDGE
RR Jaiswal
