Bombay High Court
Ashish Nageshwar Patil And 2 ... vs The State Of Mah. Thr. Pso Ps ... on 7 March, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 APL319.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 319 OF 2022
APPLICANTS : 1] Ashish Nageshwar Patil,
Aged about 32 years, Occu. Service,
2] Hemant Nageshwar Patil,
Aged about 30 years, Occu. Private,
3] Smt. Indira Nageshwar Patil,
Aged about 58 years, Occu. Household,
All R/o Plot No.3, Ingole Layout,
Mankapur, Nagpur.
VERSUS
NON-APPLICANTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Mankapur, Nagpur.
Dist. Nagpur.
2] Sou. Kajal W/o Ashish Patil,
Aged about 27 years, Occu. Household,
R/o Plot No.3, Ingole Layout,
Mankapur, Nagpur.
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Mr. R. J. Shinde, Advocate for the applicants
Mrs. M. A. Barabde, A. P .P. for the non-applicant no.1/State
Mr. M. L. Jadhao, Advocate for the non-applicant no.2.
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CORAM : V. M. DESHPANDE and
AMIT B. BORKAR, JJ.
DATE : MARCH 07, 2022.
2 APL319.22.odt
ORAL JUDGMENT (Per : Amit B. Borkar, J.)
By this application under Section 482 of the Code of
Criminal Procedure, the applicants who are the husband and in-laws
of non-applicant no.2, are challenging registration of the first
information report vide Crime No. 434/2021 with Police Station,
Mankapur, Nagpur for the offence punishable under Sections
498-A, 325, 342, 504 read with Section 34 of the Indian Penal Code.
2. Non-applicant no.2 has filed the first information report
in question alleging physical and mental harassment caused by the
applicants to her. It is alleged that applicant no.1 assaulted her
resulting into fracture of her nose. The applicants have, therefore,
challenged registration of the first information report by filing the
present application.
3. Today, when the matter was called out, the applicants
and non-applicant no.2 are present in the Court. Non-applicant
no.2/wife, who is present in the Court, has stated that considering
the welfare of the child of her and applicant no.1, she has decided to
3 APL319.22.odt
amicably resolve the dispute between them. Applicant no.1, who is
also present in the Court, has submitted an undertaking stating that
he will not harass non-applicant no.2 in any manner in future. The
said undertaking is accepted. It is taken on record and marked as
"Exhibit-X" for the purposes of identification.
4. We have carefully scrutinized the application and the
first information report. On careful scrutiny of the alleged
allegations, we are satisfied that the offences alleged against the
applicants are personal in nature. The applicants and non-applicant
no.2 have resolved to amicably settle their dispute.
5. In Madan Mohan Abbot .vs. State of Punjab, reported in
(2008) 4 SCC 582, the Hon'ble Apex Court has laid down that when
the question involved is of a purely personal nature and the parties
have resolved to settle their dispute amicably, it is advisable to quash
the proceedings, particularly considering the large number of
pendency of the criminal matters and the time so saved can be
utilized for the other deserving matters.
6. In view of the above and since, the offences alleged
4 APL319.22.odt
against the applicants are personal in nature, there is no impediment
in quashing the first information report against the applicants. We,
therefore, pass the following order :
ORDER
1. The Criminal Application is allowed.
2. First Information Report registered against the
applicants vide Crime No. 434/2021 with Police Station,
Mankapur, Nagpur for the offence punishable under
Sections 498-A,325, 342, 504 read with Section 34 of
the Indian Penal Code is quashed and set aside.
3. The application is disposed of.
(AMIT B. BORKAR, J.) (V.M.DESHPANDE, J.)
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:08.03.2022
17:28
