Vaibhav S/O Rameshwar Ramekar vs State Of Maharashtra Th. Pso Ps ...
2021 Latest Caselaw 7339 Bom

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

                 CRIMINAL APPLICATION (APL) NO. 47 OF 2021

 1. Vaibhav S/o. Rameshwar Ramekar
    (Husband),
    Aged about 30 years, Occ. Private Job,

 2. Rameshwar S/o. Janrao Ramekar
    (Father-in-law),
    Aged about 57 years, Occ. Agriculturist,

 3. Ratnprabha W/o. Rameshwar Ramekar
    (Mother-in-law)
    Aged about 52 years, Occ. Household,

 4. Radhika D/o. Rameshwar Ramekar,
    (Sister-in-law)
    Aged about 22 years, Occ. Student,

 5. Praful S/o. Uttamrao Kadu
    (Brother-in-law)
    Aged about 46 years, Occ. Agriculturist,

 6. Priti W/o. Praful Kadu
    (Sister-in-law)
    Aged about 42 years, Occ. Household

     Applicant nos. 1 to 6 are R/o. Borala,
     Post Arala, Tah. Daryapur, Dist. Amravati.

 7. Arvind S/o. Dinkarrao Kadu
    (Brother-in-law)
    Aged about 43 years, Occ. Agriculturist,

 8. Ranjana W/o. Arvind Kadu,
    (Sister-in-law)
    Aged about 37 years, Occ. Household,

    Applicant nos. 7 and 8 are R/o. Jawlapur,
    Tah. & Dist. Achalpur, Dist. Amravati.




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  9. Vishal S/o. Bharatrao Tarale (Relative),
     Aged about 38 years, Occ. Agriculturist,
     R/o. Malakapur, Tah. Anjangaon (Surji),
     Dist. Amravati.

  10. Rajendra @ Praful S/o. Annasaheb Thakare,
      Aged about 38 years, Occ. Agriculturist,
      R/o. Kushtha, Tah. Achalpur, Dist. Amravati.                       . . . APPLICANTS

                          ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station Paratwada, Amravati,
     Tah. & Dist. Amravati.

  2. Radhika W/o. Vaibhav Ramekar,
     Aged about 26 years, Occ. Household,
     R/o. Kushtha, Tah. Achalpur,
     Dist. Amravati.                                                 NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri Aadil Anwar J. Mirza, Advocate for applicants.
 Shri T. A. Mirza, A.P.P. for non-applicant no. 1/State.
 Shri Sharad Thakare, Advocate for non-applicant no. 2.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 06.05.2021

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 the

First Information Report (FIR) No. 582/2017, dated 16.12.2017

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against the applicants registered with the non-applicant no. 1-Police

Station and final report no. 90/2018, dated 13.08.2018 for offence

punishable under Sections 498A, 506 and 34 of the Indian Penal Code.

4. The First Information Report came to be registered against

the applicants with accusations that the applicants had physically and

mental harassed the non-applicant no. 2. The applicant no. 1 is the

husband of the non-applicant no. 2 and the applicant nos. 2 to 10 are

in-laws of the non-applicant no. 2. The Investigating Agency carried

out investigation and filed charge-sheet against the applicants. The

applicants have challenged registration of the FIR and charge-sheet by

way of filing present application.

5. This Court on 15.01.2021 issued notice to the non-

applicants. The non-applicant no. 1 has filed reply stating that the

applicants have settled their dispute with the non-applicant no. 2.

Learned Advocate for the non-applicant no. 2 invited our attention to

the terms of settlement filed before the Civil Judge, Senior Division,

Daryapur in H.M.P. No. 76/2020. In paragraph no. 4 of the terms of

agreement of settlement, the non-applicant no. 2 has agreed to

withdraw all proceedings against the applicants.

6. We have carefully considered the allegations in the FIR and

material produced in the form of charge-sheet. On careful

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consideration of the aforesaid material, we are of the view that

offences alleged against the applicants are personal in nature.

7. The Apex Court in the case of Madan Mohan Abbot

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.

8. In view of the above ratio, there is no impediment in

quashing the FIR and charge-sheet against the applicants. We,

therefore, pass the following order:-

The FIR No. 582/2017, dated 16.12.2017 registered with

the non-applicant no. 1-Police Station against the applicants and

charge-sheet bearing No. 90/2018, dated 13.08.2018 submitted before

the Judicial Magistrate First Class, Court No. 1, Achalpur, Dist.

Amravati for offences punishable under Section 498A, 506 and 34 of

the Indian Penal Code and Regular Criminal Case No. 222/2018 are

quashed and set aside.

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                             Rule is made absolute in the above terms.




                             JUDGE                                          JUDGE

RR Jaiswal