Bombay High Court
Kalpna W/O Vitthal Wagh And 4 ... vs State Of Mah. Thr. Pso Jaulka ... on 27 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.138 OF 2021
APPLICANTS: 1. Sau. Kalpna W/o Vitthal Wagh,
Ori.Complainant : Aged about : 21 years,
Occu. : Household.
Victim : 2. Vitthal s/o Tatyarao Wagh,
Aged about : 26 years,
Occu. : Agri.
Accused : 3. Pramod s/o Kisan Khade,
Aged about : 31 years,
Occu. Agri.
Accused : 4. Ravi s/o Pandurang @ Pandu
Khade, Aged about : 21 years,
Occu. Education.
Accused : 5. Rama @ Rameshwar S/o
Murlidhar Khade,
Aged about : 21 years,
Occu. Education.
All R/o Karli Tq. Distt. Washim.
Mob - 7620063143
VERSUS
NON-APPLICANT : State of Maharashtra,
Through Police Station Officer,
Jaulka, Tq. Malegaon,
Dist. Washim.
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Shri R. L. Kadu, Advocate for applicants.
Ms. Mayuri Deshmukh, Additional Public Prosecutor for Non-
applicant-State.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 27/01/2021.
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ORAL JUDGMENT : (PER : AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule made returnable forthwith.
3. This is an application jointly filed by the Informant,
Victim and the accused under Section 482 of the Code of Criminal
Procedure challenging First Information Report No.11/2021
registered with the non-applicant No.1 - Police Station for the
offences punishable under Sections 323, 354, 294 and 506 r/w
Section 34 of the Indian Penal Code.
4. The First Information Report came to be registered
against the applicant Nos.3 to 5 with the accusation that the
applicant Nos.3 to 5 assaulted the applicant No.2 and offended the
modesty of the applicant No.1. During pendency of the
investigation, the applicants have amicably resolved their dispute
and they have, therefore, approached this Court by way of present
application for quashing of the First Information Report.
5. It appears that on the same day, counter First
Information Reports were registered against the applicant Nos.3
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to 5. Insofar as the impugned First Information Report is
concerned, it has been registered at the instance of the applicant
No.1. In the counter First Information Reports, the applicants -
accused in the said First Information Report have filed Criminal
Application (APL) No.134/2021 challenging registration of
counter First Information Report against them. Both the
applications are listed before this Court. Since the parties to both
the First Information Reports have amicably settled their dispute,
this Court already allowed Criminal Application (APL)
No.134/2021 by setting aside registration of First Information
Report No.9/2021. The impugned First Information Report
No.11/2021 has been registered at the instance of the applicant
No.1 and the applicant No.2 is the Victim. From the averments in
the application, it is stated that the parties have amicably settled
their dispute and the First Information Report came to be filed out
of the misunderstanding. Since the applicants are residing in one
village and to maintain their cordial relations, they have decided
to settle their dispute.
6. After carefully considering the First Information
Report, we are satisfied that the allegations in the FIR are personal
in nature. In view of the settlement of dispute between the parties,
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chances of conviction are bleak. No purpose would be served by
continuing the criminal proceedings against the applicant Nos.3 to
5. In view of judgment of the Hon'ble Apex Court in the case of
Madan Mohan Abbot Vrs. State of Punjab, reported in (2008) 4
SCC 582, we are satisfied that the First Information Report
deserves to be quashed and set aside.
7. We, therefore, pass the following order :-
ORDER
The First Information Report No.11/2021
registered with the non-applicant No.1 - Police
Station for the offences punishable under Sections
323, 354, 294 and 506 r/w Section 34 of the Indian
Penal Code is quashed and set aside.
8. Rule is made absolute in the above terms.
JUDGE JUDGE
Choulwar
