Pawan S/O Ganesh Chouragade vs State Of Mah., Thr. Pso P S ...
2021 Latest Caselaw 4923 Bom

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

            CRIMINAL APPLICATION (APL) NO. 1150 OF 2019

       Pawan S/o. Ganesh Chouragade,
       Aged 31 years, Occ.: Service,
       R/o. Akolkhed, Tq. Akot, Dist. Akola
       -444101, (Maharashtra),
       Mob.No. 8482870370                   . . . APPLICANT

                      ...V E R S U S...

  1. The State of Maharashtra through
     Its Police Station Officer, Police
     Station, Paratwada, Tq. Achalpur,
     Dist. Amravati.

  2. Sarika d/o. Ganesh Nitnaware,
     Aged about 28 years, Occupation :
     Housewife, R/o. Shivshakti Nagar,
     Near Ambedkar Statute, Amravati.                     . . . NON-APPLICANTS

 ---------------------------------------------------------------------------------------------
 Shri A. K. Madane, Advocate for the Applicant.
 Shri T. A. Mirza, A.P.P. for the Non-applicant no. 1/State.
 Shri S. G. Chakranarayan, Advocate for the Non-applicant no. 2.
 ---------------------------------------------------------------------------------------------

                  CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
                  DATED : 18/03/2021.


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

 1.                   Rule. Rule made returnable forthwith.

 2.                   By this application under Section 482 of the Code

 of Criminal Procedure, the applicant has challenged registration of

 First    Information          Report     No.40/2019          registered        with     the




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 non-applicant no.1 - Police Station for offences punishable under

 Sections 376 (2) (n), 417, 504 and 506 of the Indian Penal Code

 and Section 3 of the Scheduled Castes and Scheduled Tribes

 (Prevention of Atrocities) Act, 1989.



 3.                   The First Information Report came to be registered

 with the accusations that there was love relationship beween the

 applicant and the non-applicant no.2 from the year 2012. It is also

 alleged that on the promise of marriage, the applicant had sexual

 intercourse with the non-applicant no.2. It is also alleged that

 subsequently the applicant refused to marry                 with the non-

 applicant no.2 on the ground that the non-applicant no.2 belongs

 to backward class. Therefore, the non-applicant no.2 filed report

 with the non-applicant no.1 - Police Station.



 4.                   The applicant has therefore, challenged registration

 of the First Information Report by filing present application. On

 21.11.2019, this Court issued notice to the non-applicant no.2

 and in the meantime directed not to file Charge-sheet against the

 applicant.




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 5.                   During pendency of present application, the

 applicant and the non-applicant no.2 have mutually resolved their

 dispute. The non-applicant no.2 has filed affidavit dated 8.3.2021

 stating that the applicant and the non-applicant no.2 have

 resolved their dispute mutually and the non-applicant no.2 has no

 objection for quashing proceedings initiated against the applicant.



 6.                   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 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.



 7.                   In view of the judgment of the Apex Court in the

 case of Madan Mohan Abbot Vs. State of Punjab (supra), we are

 satisifed that there is no impediment in quashing the First




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 Infomation Report against the applicant. We, therefore, pass the

 following order:

                               ORDER

First Information Report No.40/2019 registered with the

non-applicant no.1 - Police Station for offences punishable under

Sections 376(2) (n), 417, 504 and 506 of the Indian Penal Code

and Section 3 of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 are quashed and set aside.

Rule is made absolute in the aforesaid terms.

                      JUDGE                     JUDGE

 Ambulkar