Vishal Prakash Kale And 4 Others vs State Of Mah. Thr. Pso Ps Shegaon ...
2021 Latest Caselaw 4624 Bom

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

                CRIMINAL APPLICATION (APL) NO.412 OF 2021


   1. Shri Vishal Prakash Kale,
      Age : 30 years, Occ. Service,
      R/o. Rajeshwar Colony, Alasna                         Road,
      Shegaon, District - Buldhana.

   2. Sau. Vishakha Vishal Kale,
      Age : 28, Occ. Housewife,
      R/o. Dwara Suresh Narayanrao Dhekale,
      Nagpur Road, Near Gilani Petrol Pump,
      Yavatmal, Dist. Yavatmal.

   3. Smt. Kamal Prakash Kale.

   4. Sau. Yogita Sanjay Jankar.

   5. Smt. Sunita Kale,

       3 to 4 R/o. Rajeshwar Colony, Adsana Road, . . . APPLICANTS
       Shegaon, District - Buldhana.

                               ...V E R S U S..

       State of Maharashtra,
       Through Police Station Officer,
       Police Station, Shegaon,
       Dist. Buldhana.                                              . . . NON-APPLICANT

 ------------------------------------------------------------------------------------------------
 Shri C. R. Sharma, Advocate for the Applicants.
 Ms. Mayuri Deshmukh, A. P. P. for the Non-applicant.
 ------------------------------------------------------------------------------------------------

                                    CORAM :-        Z. A. HAQ AND
                                                    AMIT B. BORKAR, JJ.
                                    DATED :-        12.03.2021


 ORAL JUDGMENT (Per Amit B. Borkar, J)




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 1.                Rule. Rule made returnable forthwith.


 2.                This is joint application filed by the Informant and the

 accused for quashing of the First Information Report No.199/2018

 dated 3.5.2018 and consequent Charge-sheet bearing No.150/2018 in

 Sessions Case No.10/2019 pending before the Sessions Judge,

 Khamgaon.


 3.                The First Information Report came to be registered

 against the accused with the accusations that the accused physically

 and mentally harassed the Informant - applicant no.2 for non-payment

 of dowry. It is also alleged that the applicants forcibly tried to kill the

 applicant no.2-Informant by administering phenyl chemical.


 4.                After the investigation, the Charge-sheet came to be filed

 against the accused persons. During pendency of the proceedings,

 parties arrived at settlement and amicably settled their dispute. The

 applicants in the joint application have stated that the applicants have

 settled the matter to maintain harmony between them and to enable

 them to live with peace and love.


 5.                We have carefully considered the contents of the First

 Information Report and the material produced before this Court in the

 form of the Charge-sheet. Though, the applicant no.2 - Informant had

 alleged that attempt on the part of other applicants to kill the

 applicant no.2, but, in view of the judgment of the Apex Court in the


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 case of       Narinder Singh & others Vs. State of Punjab & another

 reported in AIR 2014 SCW 2065, we are of the view that except

 offence under Section 307 of the Indian Penal Code, all other offences

 are personal in nature. The allegation in relation to offence under

 Section 307 of the Indian Penal Code does not disclose any injury

 caused to the Informant. The 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 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 overburdened as

 they are, cannot afford and that the time so saved can be utilised in

 deciding more effective and meaningful litigation.


 6.              Considering the ratio laid down by the Apex Court in the

 cases of Narinder Singh        and Madan Mohan Abbot (supra), we find

 that there is no impediment in quashing of the Charge-sheet and

 proceedings against the applicant nos.1 and 3 to 5. We, therefore,

 pass the following order:



                               ORDER

First Information Report No.199/2018 dated 3.5.2018 and

consequent Charge-sheet bearing No.150/2018 and Sessions Case

4 APL412.21-5.odt

No.10/2019 pending before the Sessions Judge, Khamgaon are

quashed and set aside.

Rule is made absolute in the above terms.

                  JUDGE                              JUDGE




 Ambulkar