Bombay High Court
Anurag S/O Dhanraj Meshram And 4 ... vs The State Of Maharashtra, Thr. Its ... on 1 April, 2022
Bench: V.M. Deshpande, Amit B. Borkar
Judgment
apl855.21 5
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.855 OF 2021
1. Shri Anurag s/o Dhanraj Meshram,
Aged about 32 years, occupation service.
2. Shri Dhanraj s/o Nilkanth Meshram, aged
about 60 years.
3. Shri Sunil s/o Nilkanth Meshram, aged
about 54.
4. Shri Tushar s/o Dhanraj Meshram, aged
about 30 years.
5. Sau.Kalpana w/o Dhanraj Meshram, aged
about 56 years.
All r/o c/o Athar Ali, Ezzi Apartment, Flat
No.203, Opp.Hindi School, Vaishali Nagar,
Nagpur. ..... Applicants.
:: V E R S U S ::
1. State of Maharashtra, through its Police
Station Officer, Police Station - Gondia City,
District Gondia.
2. Sau.Megha w/o Anurag Meshram (Before
Marriage Megha d/o Vijay Bagde), aged about
29 years, occupation Govt.Service, r/o Presently at
Anurag Kirana Stores, Near Ramabai Ambedkar
School, Ambedkar Ward, SignaL Toli, Asoli,
Gondia-441601. ..... Non-applicants.
===================================
Shri U.Y.Sonkusare, Counsel for Applicants.
Shri S.S.Doifode, Additional Public Prosecutor for the State.
===================================
CORAM : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE : APRIL 01, 2022
.....2/-
Judgment
apl855.21 5
2
ORAL JUDGMENT (Per : Amit B.Borkar, J.)
1. Heard learned counsel Shri U.Y.Sonkusare for applicants
and learned Additional Public Prosecutor Shri S.S.Doifode for the State.
Rule. Rule 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 challenge registration of First
Information Report No.144/2021 registered with Gondia City Police
Station, Gondia for offence punishable under Section 498A read with
Section 34 of the Indian Penal Code.
3. The First Information Report came to be registered against
applicants with allegations that applicants mentally tortured non-
applicant No.2 and, therefore, applicants are challenging the First
Information Report.
4. Applicants and non-applicant No.2 have mutually resolved
their dispute. Parties have tendered Compromise Deed dated 28.3.2022
which is signed by applicants and non-applicant No.2. The said
Compromise Deed is taken on record and the same is marked as Exhibit-
X for purposes of identification.
5. Having carefully considered allegations in First Information
.....3/-
Judgment
apl855.21 5
3
Report, we are satisfied that nature of offence against applicants is
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.
6. In view of offence against applicants is personal in nature
and in view of amicable compromise arrived at between parties, there is
no impediment for quashing of the First Information Report. We,
therefore, pass following order:
ORDER
The criminal application is allowed in terms of prayer
clause (i) of the application.
Rule is made absolute in above stated terms.
JUDGE JUDGE
Digitally
signed by
!! BRW !! BHUSHAN
BHUSHAN RANA
RANA WANKHEDE
WANKHEDE Date:
2022.04.01
18:34:39
+0530 ...../-
