Mudassar S/O Majid Momin vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 2552 Bom

                                      1                                      APL345.22.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               : NAGPUR BENCH : NAGPUR.


          CRIMINAL APPLICATION [APL] NO. 345 OF 2022


APPLICANT                   : Mudassar S/o Majid Momin,
                              Aged about 39 years, Occu. T.V. repairing
                              Mechanic, R/o Kalamna Road, behind
                              Khushbu motors, New Yerkheda,
                              Kamptee, Nagpur.
                              Presently at C/o Rajesh Brahmankar,
                              Near Shkyamuni Bouddh Vihar,
                              Sugat Nagar, Jaripatka, Nagpur.

                                            VERSUS

NON-APPLICANTS              : 1] State of Maharashtra,
                                 through Police Station Officer,
                                 Police Station, Jaripatka, Nagpur,
                                 Tah. And Dist. Nagpur

                               2] Sameera Fatema W/o Mudassar Momin,
                                  (after divorce) Sameera Fatma D/o Mukhtar
                                  Ahmad, Aged about 37 years,
                                  Occu. Teacher, R/o Plot No.42, Kalamna
                                  Road, behind Agrawal godown, Mangal
                                  Housing Society, New Yerkheda, Kamptee,
                                  Tah. Kamptee, Dist. Nagpur.

----------------------------------------------------------------------------------------------
          Shri Sandesh Indorkar, Advocate for the applicant
          Shri M. K. Pathan, A. P .P. for the non-applicant no.1/State
          Shri Muzammil Hussain, Advocate for the non-applicant no.2.
----------------------------------------------------------------------------------------------

             CORAM : V. M. DESHPANDE and
                     AMIT B. BORKAR, JJ.
             DATE : MARCH 15, 2022.
                              2                        APL345.22.odt


ORAL JUDGMENT (Per : Amit B. Borkar, J.)



1.             Rule. Rule is made returnable forthwith. Heard finally

by consent of the parties.



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

Criminal Procedure, the applicant is challenging registration of the

first information report vide Crime No. 39/2018 and consequent

Charge-sheet No. 58/2018 filed against him at the behest of non-

applicant no.2 with non-applicant no.1 - Police Station, Jaripatka,

Nagpur for the offence punishable under Sections 498-A, 323, 504 of

the Indian Penal Code.



3.             The first information report in question came to be

registered against the applicant with accusation that the applicant

caused physical and mental harassment to the non-applicant no.2

and also assaulted her.      The applicant has, therefore, challenged

registration of the first information report by filing the present

application.
                           3                          APL345.22.odt


3.           The investigating agency after completion of the

investigation filed charge-sheet against the applicant.       During

pendency of this proceeding, the applicant and non-applicant no.2

have arrived at an amicable settlement of the dispute.



3.           Today, when the matter was called out, the applicant

and non-applicant no.2 are present in the Court. On an enquiry with

them, both, the applicant/husband and Non-applicant no.2/wife,

have stated that they have decided to amicably resolve the dispute

between them.



4.           We have carefully scrutinized the application and the

first information report so also the material in the form of charge-

sheet. On careful consideration of the alleged allegations and the

material collected by the investigating agency, we are satisfied that

the offences alleged against the applicants are personal in nature.

The applicant and non-applicant no.2 have resolved to amicably

settle their dispute.



5.           In Madan Mohan Abbot .vs. State of Punjab, reported in
                            4                           APL345.22.odt


(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

against the applicants are personal in nature and the parties have

resolved to settle the dispute amicably, there is no impediment in

quashing the first information report against the applicant.        We,

therefore, pass the following order :

                                ORDER

1. The Criminal Application is allowed.

2. First Information Report vide Crime No. 39/2018 and

Charge-sheet No. 58/2018 filed against the applicant

with non-applicant no.1 - Police Station, Jaripatka,

Nagpur for the offence punishable under Sections 498-A,

323, 504 of the Indian Penal Code, pending before the

learned Judicial Magistrate, First Class, Court No.2, 5 APL345.22.odt

Kamptee being Regular Criminal Case No. 148/2018, are

quashed and set aside.

3. Rule is made absolute. The application is disposed of.

(AMIT B. BORKAR, J.) (V.M.DESHPANDE, J.)

Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:16.03.2022 17:44