Mangesh Vishupant Rahudkar vs State Of Mah, Thr P.So. P.S. ...
2022 Latest Caselaw 3879 Bom

                                                   1                       apl535.19.odt


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

           CRIMINAL APPLICATION (APL) NO. 535 OF 2019


     Mangesh Vishnupant Rahudkar
     Aged about 35 years, Occ: Agriculturist,
     R/o Balapur, District Akola.                              ---APPLICANT


         ---VERSUS---

1. State of Maharashtra,

     Through Police Station Officer,
     Police Station, Balapur, District Akola


2. Anita Pramod Dongare,
     Aged 48 years, Occ: Hosewife,
     R/o Jaibhimnagar, Wadegaon,
                                                               --NON-APPLICANTS
     District Akola.

-------------------------------------------------------------------------------------------
Ms Garima Jain, Advocate h/f Shri S.V. Sirpurkar, Advocate for the Applicant.
Shri S.S. Doifode, Additional Public Prosecutor for Non-applicant No.1/State.
Shri U.J. Deshpande, Advocate for Non-applicant no.2.
-------------------------------------------------------------------------------------------
             CORAM :          V. M. DESHPANDE AND
                              AMIT BORKAR, JJ.

             DATE         :   11th APRIL, 2022.


JUDGMENT : (PER - AMIT BORKAR, J.)


1.           Heard.

2. Rule. Rule made returnable forthwith.

2 apl535.19.odt

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

Criminal Procedure, the applicant is challenging registration of the

First Information Report bearing No.34 of 2019 dated 24.01.2019

registered with the non-applicant no.1 - Police Station for the

offence punishable under Section 3(1)(r) of the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act.

4. The First Information Report (FIR) came to be registered

against the applicant with the accusation that applicant abused

non-applicant no.2 in the name of caste.

5. This Court on 02.07.2019 issued notices to the non-

applicants.

6. During the pendency of the present application, the

applicants and non-applicant no.2 have amicably resolved their

dispute.

7. Today, applicant and non-applicant no.2 are present in

the Court. The non-applicant no.2 has made statement that the

matter is amicably settled.

8. We have carefully considered the allegations in the FIR

and we are satisfied that the offence alleged against the applicant

is not made out even if allegations are taken on their face value.

3 apl535.19.odt

9. The decision of the Hon'ble Apex Court in the case of

Narinder Singh & others Vs. State of Punjab & anr. reported in

(2014) AIR SCW 2065, makes it clear that the Court cannot

declare to quash the First Information Report merely because the

First Information Report incorporates a particular provision which

is a serious offence or offence against society. The Court has to

make an endeavour to find out whether the information in the

First Information Report indeed discloses the ingredients of such

offence and the Court can accept the settlement and quash the

report/charge-sheet only after the Court is of the opinion that

such an offence is unnecessarily incorporated in the First

Information Report/charge-sheet.

10. In view of amicable resolution of dispute between the

applicants and non-applicant no.2, there is no impediment for

quashing the First Information Report against the applicant.

11. We therefore pass the following order :

        i.       The application is allowed.

        ii.      Rule is made absolute in term of prayer clause (1),

        which reads as under:

"(1) allow the application and thereby quash and set aside F.I.R. No.34/2019 registered at Police Station, Balapur District: Akola(Annexure-I) for offence under 4 apl535.19.odt

Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act;" iii. The applicant shall deposit an amount of ₹25,000/-

(Rupees Twenty Five Thousands only) to the High Court

Legal Services Sub-Committee, Nagpur within a period of

two weeks from today. In case of failure to deposit the

amount as directed, the present order setting aside the FIR

stands recalled without further reference to the Court.

iv. Place this application on 29.04.2022 for compliance.

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

                                       JUDGE                                        JUDGE




                                Wagh




Signed By:SURESH RAOSAHEB
WAGH
Personal Assistant
to the Hon'ble Judge
Signing Date:13.04.2022 16:51