Ashish S/O Shridhar Bahakar And 5 ... vs The State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 8697 Bom

 Judgment                                1                                 apl517.21.odt




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

                     CRIMINAL APPLICATION (APL) NO. 517/2021

 1]       Shri Ashish S/O Shridhar Bahakar,
          Aged 36 years, Occ. Service,
          R/O. Purva Nagar, Near Vrundavan Hotel,
          Akola Road, Tq. Akot, Dist. Akola

 2]       Shri Shridhar S/O Onkar Bahakar,
          Aged 65 years, Occ. Retired Professor,
          R/O. Purva Nagar, Near Vrundavan Hotel,
          Akola Road, Akot, Tq. Akot, Dist. Akola

 3]       Sau. Manorama W/O Shridhar Bahakar,
          Aged 62 years, Occ. Household,
          R/O. Purva Nagar, Near Vrundavan Hotel,
          Akola Road, Tq. Akot, Dist. Akola

 4]       Sau. Radhika W/O Vinayak Dhurjad,
          Aged 32 years, Occ. Doctor,
          R/O. Aashirwad Nagar, Murtizapur,
          Tq. Murtizapur, Dist. Akola

 5]       Shri Vinayak S/O Jaydev Dhurjad,
          Aged 38 years, Occ. Doctor,
          R/O. Aashirwad Nagar, Murtizapur,
          Tq. Murtizapur, Dist. Akola

 6]       Mrs. Pallavi Ashish Bahakar,
          Aged 32 years, Occ. Household,
          C/O Govind MarotiTikar,
          R/O. Raghukul Apartment, Wankhede Nagar,
          Dabki Road, Old City, Akola
          Tal. & Dist. Akola
                                                                .... APPLICANT(S)

                                  // VERSUS //

          State of Maharashtra,
          Through Police Station Officer,
          Police Station Dabki Road, Akola
                                                             .... NON-APPLICANT




::: Uploaded on - 07/07/2021                     ::: Downloaded on - 19/09/2021 06:49:52 :::
  Judgment                                     2                                 apl517.21.odt




  *******************************************************************
       Shri S. Kadam, Adv h/f Shri R.R. Vyas, Adv. for the applicant(s)
                Shri S.M. Ghodeswar, APP for the non-applicant
  *******************************************************************

                               CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

JULY 02, 2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.



 3]               This is a joint application filed by the applicants for setting aside

the F.I.R. No. 266/2019, charge-sheet and consequent R.C.C. No. 68/2020

registered against the applicant nos. 1 to 5 by the applicant no. 6 registered

with the non-applicant - Police Station for the offences punishable under

Sections 498-A, 406, 323, 494, 504 and 34 of the Indian Penal Code.

4] The first information report came to be registered against the

applicant nos. 1 to 5 with the accusations that the applicant nos. 1 to 5

physically and mentally harassed the applicant no. 6. It is also alleged that

the applicant nos. 1 to 5 physically assaulted the applicant no. 6 on the

ground of non-payment of dowry. The Investigating Agency after completion

of the investigation filed charge-sheet against the applicant nos. 1 to 5. After

filing of the charge-sheet, the applicant nos. 1 to 5 have mutually resolved

Judgment 3 apl517.21.odt

their dispute with the applicant no. 6. The applicants have therefore filed

joint application for setting aside the first information report, charge-sheet

and consequent R.C.C. No. 68/2020 pending before JMFC, Court No. 2,

Akola.

5] We have carefully considered the allegations in the first

information report and the material produced on record in the form of

charge-sheet. On careful consideration of the material on record, we are

satisfied that the offences alleged against the applicant nos. 1 to 5 are

personal in nature. Since the applicant nos. 1 to 5 are the family members of

the applicant no. 6 and have amicably resolved their dispute, there is no

impediment in quashing and setting aside the first information report,

charge-sheet and consequent R.C.C. No. 68/2020 registered against the

applicant nos. 1 to 5.

6] 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 purely of a personal

nature, the Court should ordinarily accept the terms of the compromise even

in criminal proceedings since keeping the matter alive with no possibility of a

result in favour of the prosecution is a luxury which the Courts, grossly

Judgment 4 apl517.21.odt

overburdened as they are, cannot afford and that the time so saved can be

utilized in deciding more effective and meaningful litigation.

7] Therefore, considering the ratio laid down by the Hon'ble

Supreme Court in the case of Madan Mohan Abbot (supra) and in view of the

fact that the applicants have mutually resolved their dispute, we are satisfied

that the first information report, charge-sheet and consequent R.C.C.

No. 68/2020 registered against the applicant nos. 1 to 5 deserve to be

quashed and set aside.

8] Hence, the following order:-

F.I.R. No. 266/2019 and charge-sheet registered with the non-

applicant no. 1 - Police Station and consequent R.C.C.

No. 68/2020 pending before the Judicial Magistrate First Class,

Court No. 2, Akola against the applicant nos. 1 to 5 for the

offences punishable under Sections 498-A, 406, 323, 494, 504

and 34 of the Indian Penal Code are quashed and set aside.

Rule is made absolute in the above terms.

                   (JUDGE)                                  (JUDGE)


 ANSARI