Bombay High Court
Abdul Aziz Shaikh Habib And ... vs State Of Mah., Thr. P.S.O. ... on 12 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.1282.19-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1282 OF 2019
1. Abdul Aziz Shaikh Habib,
Aged 45 years, Occ. : Business,
2. Nyajubi Wd/o. Sk. Habib,
Aged 63 years, Occ.: Household,
Both R/o. Manzoorpura, Achalpur,
Tq. Achalpur, Distrit : Amravati. .....APPLICANTS
. . . VERSUS . . .
1. State of Maharashtra, through
P. S. O. Sarmaspura, Tq. Achalpur,
District : Amravati.
2. Khalidabi Sk. Rauf,
Aged 42 years, Occ. Household,
R/o. Manzoorpura, Achalpur,
Tq. Achalpur, District : Amravati. .....NON-APPLICANTS
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Shri C. A. Babrekar, Advocate for Applicants.
Shri T. A. Mirza, Additional Public Prosecutor for Non-applicant No.1/State.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 12.07.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of
the First Information Report No.126/2019 dated 02.11.2019
registered with the non-applicant no.1 - Police Station for the
offences punishable under Sections 376, 354, 506, 294 read with
Section 34 of the Indian Penal Code.
4. The First Information Report came to be registered
against the applicants with the accusations that the applicants
along with other family members physically and mentally harassed
the non-applicant No.2. It is also alleged that the non-applicant
No.2 was harassed on the ground of non-payment of dowry.
5. The applicants have therefore challenged registration of
the First Information Report by way of filing present application.
This Court on 05.12.2019, issued notice to the non-applicants.
6. The non-applicant no.1 in pursuance of the said notice
has filed reply stating that the Investigating Agency has recorded
statements of victim as well as witnesses. It is stated that there is
sufficient material available with the Investigating Agency to show
that the offence mentioned in the First Information Report is
clearly made out.
7. During pendency of the present application, the
applicants and the non-applicant No.2 have arrived at mutual
settlement. The non-applicant No.2 along with applicants have
filed joint application for setting aside the First Information Report
register against the applicants. It is stated that since the
applicants and the non-applicant No.2 are family members, they
have amicably resolved their dispute and as per the settlement,
the applicants and the non-applicant No.2 have decided to
withdraw all proceedings instituted against each other. It is stated
that in view of the compromise between the applicants and the
non-applicant No.2, present application deserves to be allowed.
8. We have carefully considered the allegations in the First
Information Report. The allegations against the applicants are
personal in nature. The Hon'ble Apex 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 of a purely personal nature, the Court should
originally accept the terms of compromise even in criminal
proceeding as keeping the matter alive with no possibility in
favour of the prosecution is a luxury which Courts, grossly over-
burdened, as they are, cannot afford and that the time so saved
can be utilized in deciding more effective and meaningful
litigation.
In view of above, there is no impediment in quashing
the First Information Report against the applicants.
9. We, therefore, pass the following order :
The First Information Report No. 126/2019 dated
02.11.2019 registered with the non-applicant no.1 - Police Station
against the applicants for the offences punishable under Sections
376, 354, 506, 294 read with Section 34 of the Indian Penal Code
is quashed and set aside.
Rule is made absolute in the aforesaid terms.
CRIMINAL APPLICATION (APPP) No.1032/2021.
In view of disposal of main application, Criminal
Application (APPP) No.1032/2021 for quashing of First
Information Report as per compromise between applicants and
respondent No.2 does not survive.
Hence, it is disposed of accordingly.
JUDGE JUDGE
RGurnule
