Mahendrasingh S/O Raghuveer ... vs State Of Mah., Thr. P.S., Mankapur ...
2021 Latest Caselaw 12855 Bom

                                                    1      Cri.APL No.1331.2019-J.odt

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

            CRIMINAL APPLICATION (APL) NO. 1331 OF 2019

  1. Mahendrasingh S/o. Raghuveer Singh Chauhan
     Aged 34 Years, Occ. Private.

  2. Damyanti W/o. Raghuveer Singh Chauhan
     Aged 55 Years, Occ. Household.

  3. Niranjansingh S/o. Raghuveer Singh Chauhan,
     Aged 31 Years, Occ. Private.

  4. Smt. Varidhi W/o. Niranjansingh Chauhan,
     Aged 29 Years, Occ. Household.

  5. Smt. Vijeta W/o. Vijay Singh Solanki,
     Aged 35 Years, Occ. Service,

      All R/o. Plot No. B/28, Shrinath Sai Nagar,                   ...APPLICANTS
      Omkar Nagar, Manewada Road, Nagpur.

                          -----VERSUS-----

  1. State Of Maharashtra,
     Through Police Station, Mankapur,
     Nagpur.

  2. Mrs. Anupama Singh Chauhan W/o.
     Mahendrasingh Chauhan,
     Aged 31 Years, Occ. Household,
     R/o. Plot No.2C, Triplex No.2,
     Hind Swami Samarth Colony,
     Near Swami Samarth Mandir,                                     ...NON-APPLICANTS
     Zingabai Takli, Nagpur.

 -------------------------------------------------------------------------------------------
 Shri S. I. Khan, Advocate for the Applicants.
 Shri V. A. Thakare, Additional Public Prosecutor for the Non-applicant No.1.
 -------------------------------------------------------------------------------------------

          CORAM :          V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATE : 08.09.2021.

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

1. Heard.

2. Rule. Rule is made returnable forthwith.

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

Criminal Procedure, the applicants are challenging registration of

the First Information Report No.138/2016 dated 25.08.2016

registered with the non-applicant No.1 - Police Station and

Charge-Sheet bearing No.60/2017 dated 22.06.2017 filed before

the Additional Chief Judicial Magistrate, Nagpur for the offences

punishable under Sections 498-A, 377, 406 read with 34 of the

Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition

Act, 1961.

4. The First Information Report came to be registered

against the applicants with the accusations that the applicants

physically and mentally harassed the non-applicant No.2 on the

ground of non-payment of dowry. The Investigating Agency

carried out the investigation and filed Charge-Sheet against the

applicants.

5. The applicants have therefore, challenged registration of

the First Information Report and Charge-Sheet filed against the

applicants by way of the present application. This Court on

18.12.2019 issued notice to the non-applicants. The non-applicant

No.1 has filed reply contesting the application.

6. During the pendency of the present application, the

applicants and the non-applicant No.2 have decided to mutually

resolve their dispute and have filed joint affidavit dated

23.08.2021. In the joint affidavit, the applicant No.1 and the

non-applicant No.2 have stated that they have amicably resolved

their dispute and no purpose will be served by continuing with the

criminal proceeding and therefore, have jointly prayed for

quashing the First Information Report and Charge-Sheet against

the applicants.

7. Today, the non-applicant No.2 is personally present in

the Court. Since the Advocate for the non-applicant No.2 was

absent, the non-applicant No.2 produced on record her passport

bearing No. P4228331. On the basis of the passport, she has

identified herself to be the non-applicant No.2. She stated before

the Court that she has no objection for quashing and setting aside

the First Information Report and Charge-Sheet filed against the

applicants. She also stated that she is withdrawing the prosecution

voluntarily and without any pressure or coercion on her.

8. We have carefully considered the allegations in the First

Information Report and material in the form of Charge-Sheet.

After carefully scrutinizing the material on record, we are satisfied

that the allegations against the applicants are personal in nature.

The Hon'ble Supreme 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 compromise even in criminal proceeding as keeping the

matter alive with no possibility of conviction in favour of the

prosecution is a luxury which the 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.

9. In view of the amicable settlement of dispute between

the applicant No.1 and the non-applicant No.2, there is no

impediment for quashing the First Information Report and

Charge-Sheet against the applicants.

10. We therefore, pass the following order :

The First Information Report No.138/2016 dated

25.08.2016 registered with the non-applicant No.1 - Police Station

and Charge-Sheet bearing No.60/2017 dated 22.06.2017 filed

before the Additional Chief Judicial Magistrate, Nagpur for the

offences punishable under Sections 498-A, 377, 406 read with 34

of the Indian Penal Code and Sections 3 and 4 of the Dowry

Prohibition Act, 1961 are quashed and set aside.

11. Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

                              JUDGE                                        JUDGE

RGurnule