Prashant S/O Devidas Dahale And ... vs State Of Mah., Thr. P.S.O. Ps ...
2021 Latest Caselaw 14492 Bom

Judgment

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

           CRIMINAL APPLICATION (APL) NO.29 OF 2020

1. Prashant s/o Devidas Dahale,
Aged about 42 years, occupation
service, r/o Mangalmurti,
Sapkal Mala, old village, near
Datta Mandir, taluka Chikhali,
district Buldana.

2. Shashikala wd/o Devidas
Dahale, aged 68 years, occupation nil,
R/o Near Iratkar Coaching
Classes, taluka Chikhali, district
Buldana.                                        ..... Applicants.

                                :: V E R S U S ::

1. The State of Maharashtra,
Through Police Station Officer,
Police Station, Chikhali, district
Buldana.

2. Rohini w/o Prashant Dahale,
Aged about 38 years, occupation
service, r/o c/o Dattatraya
Narayan Sonar, "Hemadata",
Uplai Road, behind Government
Godown, Barshi, Tahsil Barshi,
District Solapur.                  ..... Non-applicants..
===================================
Shri Rugved Dhore, Counsel for Applicants.
Shri N.B.Kalwaghe, Counsel for Non-applicant No.2.
Shri S.S.Doifode, Additional Public Prosecutor for Non-applicant
No.1/State.
===================================


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             CORAM              : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
             DATE               : OCTOBER 05, 2021

ORAL JUDGMENT (Per : Amit B.Borkar, J.)

1.             Heard learned counsel Shri Rugved Dhore for

applicants, learned counsel Shri N.B.Kalwaghe for non-applicant

No.2, and learned Additional Public Prosecutor Shri S.S.Doifode

for non-applicant No.1/State.            Rule.   Rule is made returnable

forthwith. Heard finally by consent of learned counsel for parties.


2.             By this application under Section 482 of the Code of

Criminal Procedure, applicants are challenging criminal proceeding

bearing RCC No.248/2014 pending before learned Judicial

Magistrate First Class, Chikhali, district Buldana.


3.             First Information Report came to be registered against

present applicants for accusations of physical and mental torture to

non-applicant No.2. Investigating agency, after investigation, filed

chargesheet. Proceedings are pending before learned Magistrate.

During the pendency of proceedings, parties have settled their

dispute before Mediation Centre at High Court, Nagpur. Parties

have placed on record mediation report along with agreement

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 Judgment

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dated 17.9.2019.          Clause No.(iii) of the agreement states that

parties have agreed that civil proceeding filed by non-applicant

No.2 against applicants shall be withdrawn and non-applicant No.2

has no objection for it.


4.          Having        carefully   considered   allegations       in     First

Information Report, we are satisfied that nature of offences against

applicants are personal in nature.         The Honourable Apex Court in

the case of Madan Mohan Abbot ..vs.. State of Punjab, reported at

(2008)4 SCC 582 has taken a view that when allegations are

personal in nature, it is advisable to quash proceedings so that

time in such cases can be utilized for more deserving cases.


5.             In view of the settlement between parties, recorded

before the mediation centre, and in view of view taken by the

Honourable Apex Court in the case of Madan Mohan Abbot cited

(supra), we are satisfied that proceedings against applicants

deserved to be quashed. We, therefore, pass following order:


                                      ORDER

(1) The criminal application is allowed.

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apl29.20 33

(2) Criminal proceeding bearing RCC No.248/2014 pending before

learned Judicial Magistrate First Class, Chikhali, district Buldana is

hereby quashed.

Rule is made absolute in above terms.

            JUDGE                                        JUDGE

!! BRW !!




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