Jatin S/O Rajesh Saglani And 5 ... vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 4762 Bom

                                      1            3-J-APL-421-21.odt

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

             CRIMINAL APPLICATION (APL) NO. 421 OF 2021

 1. Jatin S/o Rajesh Saglani,
    Aged about : 24 years,
    Occ : Student, Flat No.203,
    Om Apartment, Thakkar                   (Ori. Accused in
    Coloney, Chandrapur,                    FIR 920/2020)
    Tah. and District Chandrapur.

 2. Rajesh Alias Raju s/o Chhotelal
    Saglani, Aged about : 56 years,
    Occ. : Business, R/o Sunshine
    Plaza, Ekori Ward, Tah. and
    District Chandrapur.

 3. Piyush S/o Rasiklal Saglani,
    Aged about : 26 years,
    Occ.: Business, R/o Gurumauli
    Apartment, Balajee Ward,
    Chandrapur, Tah. and District
    Chandrapur.

 4. Aashish S/o Rasiklal Saglani,
    Aged about : 32 years,
    Occ. : Business, R/o Gurumauli
    Apartment, Balajee Ward,
    Chandrapur, Tah. and District
    Chandrapur.

 5. Rajan Alias Harish Chhotelal
    Saglani, Aged about : 54 years,
    Occ. : Business, R/o Sairatan Plaza,
    Thakkar Plaza, Tah. and District
    Chandrapur.

 6. Amandip Parvindarsingh Uppal,
    Aged about : 39 years,
    Occ.: Business, R/o Near Dhande
    Hospital, Tukum, Chandrapur,
    Tah. and District Chandrapur.           ... APPLICANTS




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                               VERSUS

 1. State of Maharashtra,
    Through Police Station Officer,
    Police Station, Chandrapur City.

 2. Hemant Anilsingh Tomar,
      Aged about : 41 years,
      Occ. : Business, R/o Flat No.303,                       (Ori. Complainant in
      Aayush Nagar, Urja Nagar,                                FIR 920/2020)
      Tah. and District Chandrapur.                           ... NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri M. P. Kariya, Advocate for applicants.
 Ms. Mayuri Deshmukh, Additional Public Prosecutor for non-
 applicant No.1-State.
 Ms. Parita N. Lakhani, Advocate for non-applicant No.2.
 -------------------------------------------------------------------------------------------
                                CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 16/03/2021.

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

1. Heard.

2. Rule. Rule made returnable forthwith.

3. By this application under Section 482 of the Code

of Criminal Procedure, the applicants have challenged registration

of First Information Report No.920/2020 registered with the non-

applicant No.1 - Police Station for the offences punishable under

Sections 143, 147, 148, 149, 324 and 395 of the Indian Penal

Code.

3 3-J-APL-421-21.odt

4. The First Information Report came to be registered

against the applicants with the accusations that the applicants

assaulted the non-applicant No.2 resulting in injury to the non-

applicant No.2. It is further alleged that the applicants have

committed theft of goods worth Rs.3,700/-.

5. During pendency of the investigation, the non-

applicant No.2 and the applicants have arrived at a settlement and

have mutually resolved their dispute. The non-applicant No.2 has

filed affidavit stating therein that the First Information Report

came to be registered against the applicants due to civil dispute

between the parties. It is submitted that to maintain cordial

relations between the applicants and the non-applicant No.2 who

are businessmen, the parties have settled their dispute.

6. We have carefully considered the allegations in the

First Information Report. After going through the allegations in

the First Information Report, we are satisfied that in view of the

judgment of Hon'ble Apex 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

4 3-J-APL-421-21.odt

Hon'ble Apex Court in the said judgment has observed that the

Criminal Courts are already overburdened and it is advisable to

quash the proceedings when the parties to the proceedings have

mutually resolved their dispute and the chances of conviction are

bleak.

7. In view of the judgment of the Hon'ble Apex Court

in the case of Madan Mohan Abbot (supra) and also considering

the fact that the investigation is at preliminary stage and charge

sheet is not filed, we therefore, pass the following order :-

First Information Report No.920/2020

registered with the non-applicant No.1 - Police

Station for the offences punishable under Sections

143, 147, 148, 149, 324 and 395 of the Indian

Penal Code is quashed and set aside.

8. Rule is made absolute accordingly.

                      JUDGE                        JUDGE

 Choulwar