Bombay High Court
Harshal Rambhau Udapure And 2 ... vs State Of Mah. Thr. Pso Ps Ambazari ... on 23 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.981.21-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 981 OF 2021
1. Harshal Rambhau Udapure,
Age : 24 years, Occu. : Labour,
R/o. New Pandarabodi,
Police Station Ambazari,
Ambazari Nagpur.
2. Vicky Pundlik Mankar,
Age : 28 years, Occu. : Labour,
R/o. New Pandarabodi,
Police Station Ambazari,
Ambazari Nagpur.
3. Atul Devidas Turkar,
Age : 25 years, Occu. : Business,
R/o. Near Kalimata Mandir,
Hilltop Ramnagar, Pandarabodi,
Police Station Ambazari, Nagpur. ......APPLICANTS
---VERSUS---
State of Maharashtra,
Through Police Station Officer,
Police Station Ambazari, Nagpur. ......NON-APPLICANT
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Ms Bhagyashri V. Reddy, Advocate for the Applicants.
Shri T. A. Mirza, Additional Public Prosecutor for the Non-applicant/State.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 23.09.2021.
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 have jointly prayed for
quashing and setting aside the First Information Report
No.11/2021 dated 11.01.2021 and Charge-Sheet bearing
No.155/2021 dated 30.07.2021 for the offences punishable under
Sections 294, 323, 504 and Section 34 of the Indian Penal Code.
4. The First Information Report came to be registered
against the applicant Nos.1 and 2 with the accusations that the
applicant Nos.1 and 2 abused the applicant No.3 in filthy language
and also assaulted the applicant No.3. The Investigating Agency
carried out the investigation and filed charge-sheet against the
applicant Nos.1 and 2.
5. During the pendency of the proceedings, the applicants
have mutually resolved their dispute and have filed present
application challenging registration of the First Information Report
along with charge-sheet against the applicant Nos.1 and 2. It is
stated that the complaint came to be filed due to
misunderstanding between the applicants and now they have
decided to resolve their dispute and the applicant No.3 has no
objection for quashing the proceedings against the applicant Nos.1
and 2 out of his own free-will.
6. We have carefully considered the allegations in the First
Information Report and the material in the form of charge-sheet.
On consideration of the material against the applicant Nos.1
and 2, we are of the view that the proceedings against the
applicant Nos.1 and 2 needs to be quashed and set aside in view
of the judgment of Hon'ble Apex Court in the case of Madan
Mohan Abbot Vs. State of Punjab reported in (2008) 4 SCC 582,
wherein the Hon'ble Apex Court has held that it is advisable that,
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.
7. Therefore, we pass following order.
The First Information Report No.11/2021 dated
11.01.2021 and Charge-Sheet bearing No.155/2021 dated
30.07.2021 for the offences punishable under Sections 294, 323,
504 and Section 34 of the Indian Penal Code are quashed and set
aside.
8. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
