Abhay S/O Ashok Bharsakle And 3 ... vs State Of Mah. Thr. Pso Ps Civil ...
2021 Latest Caselaw 8127 Bom

 Judgment                                    1                                 apl799.20.odt




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


                     CRIMINAL APPLICATION (APL) NO. 799/2020


 1]       Abhay S/o Ashok Bharsakle,
          Aged about 32 years, Occ. Service

 2]       Ashokrao Babarao Bharsakle,
          Aged about 60 years, Occ. Retired

 3]       Sau. Sindhu Ashokrao Bharsakle,
          Aged about 55 years, Occ. Housewife

 4]       Ajay S/o Ashokrao Bharsakle,
          Aged about 29 years, Occ. Job

          All applicant nos. 1 - 4 are R/o. Behind
          Ved Mangal Karyalay, Bhagirathi Nagar,
          Mothi Umari, Akola, Tq. & Dist. Akola
                                                                    .... APPLICANT(S)

                                   // VERSUS //

 1]       State of Maharashtra,
          Through Police Station Officer,
          Police Station Civil Lines Akola
          Tq. & Dist. Akola

 2]       Sau. Rajshree W/o Abhay Bharsakle,
          Aged about 29 years, Occ. Housewife
          R/o. C/o. Vishnu Wasudev Talkar
          Balode Layout, Hingana Road, Akola
          Tq. & Dist. Akola
                                                             .... NON-APPLICANT(S)

  *******************************************************************
             Shri K.H. Anandani, Advocate for the applicant(s)
             Mrs. M.A. Barabde, APP for the non-applicant no. 1
            Shri G.K. Khade, Advocate for the non-applicant no. 2
  *******************************************************************




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  Judgment                                        2                                    apl799.20.odt




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

JUNE 19, 2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.



 3]               This is an application filed by the husband and in-laws of the

complainant - non-applicant no. 2 under Section 482 of the Code of Criminal

Procedure challenging registration of F.I.R. No. 82/2018, Final Report /

Charge-sheet No. 189/2018 and also for quashing of R.C.C.

No. 353/2018 pending before the Chief Judicial Magistrate, Akola for the

offences punishable under Sections 498A and 34 of the Indian Penal Code.

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

applicants with the accusations that the applicants physically and mentally

harassed the non-applicant no. 2 on the ground of non-payment of dowry. It

is also alleged that even after birth of son of the non-applicant no. 2 and

applicant no. 1, physical and mental harassment continued, and therefore the

non-applicant no. 2 on 14/02/2018 filed report with the non-applicant no. 1

- Police Station.

  Judgment                                  3                                apl799.20.odt




 5]               The non-applicant no. 1 carried out the investigation and filed

the charge-sheet. The applicants have therefore challenged registration of the

first information report and charge-sheet by way of present application. This

Court on 16/12/2020 recorded a statement on behalf of the applicants that

the matrimonial dispute between the applicant no. 1 and the non-applicant

no. 2 has been settled and decree of divorce by mutual consent has been

passed. The non-applicant no. 2 - wife has filed affidavit-in-reply dated

15/01/2021 stating that she has received an amount of Rs. 7,50,000/-. It is

stated in the affidavit-in-reply that in view of the compromise between the

applicant no. 1 and the non-applicant no. 2, she has no objection for

quashing of the first information report, charge-sheet and also the complaint

filed against the applicants.

6] We have carefully considered the allegations in the first

information report and the material in the form of charge-sheet. On scrutiny

of the allegations in the first information report and the material produced by

way of charge-sheet, we are satisfied that the offences alleged against the

applicants are personal in nature. In view of the judgment of the Hon'ble

Supreme Court in the case of Madan Mohan Abbot Vrs. State of Punjab,

reported in (2008) 4 SCC 582, there is no impediment in quashing the first

information report. The Hon'ble Supreme Court in the said judgment has

observed that the Criminal Courts are already overburdened and it is

Judgment 4 apl799.20.odt

advisable to quash the proceedings when the parties to the proceedings have

mutually resolved their dispute and the chances of conviction are bleak.

 7]               Hence, the following order:-



                   F.I.R.      No.   82/2018,       Final       Report       /    Charge-sheet

No. 189/2018 registered against the applicants with the non-

applicant no. 1 - Police Station and R.C.C. No. 353/2018

pending before the Chief Judicial Magistrate, Akola for the

offences punishable under Sections 498A and 34 of the Indian

Penal Code are quashed and set aside.

Rule is made absolute in the above terms.

                   (JUDGE)                                           (JUDGE)


 ANSARI