Bombay High Court
Vaibhav Vinod Goyal And 8 Others vs State Of Mah. Thr. Pso Ps Khadan ... on 28 March, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 APL415.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 415 OF 2022
APPLICANTS : 1] Vaibhav Vinod Goyal,
Aged about 31 years, Occu. Medical
Practitioner, R/o Flat No. A-201,
Emerald Court, Sanjana Park, Near Agrawal
Public School, Indore, Tq. & Dist. Indore (M.P.)
2] Usha Vinod Goyal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
3] Hina Achal Agrawal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
4] Anchal Agrawal
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
5] Shikha Manish Singhal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
6] Manish Singhal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
7] Rekha Govind Singhal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
2 APL415.22.odt
8] Govind Singhal,
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
9] Anil Tambi
R/o Flat No. A-201, Emerald Court, Sanjana
Park, Near Agrawal Public School, Indore,
Tq. & Dist. Indore (M.P.)
VERSUS
NON-APPLICANTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Khadan, Akola.
2] Pooja Vaibhav Goyal,
Aged about 27 years, Occu. Govt. Service,
At present R/o C/o Dr. Umesh Agrawal,
Beside Honda Showroom, Alsi Plots,
Akola, Tq. And Dist. Akola.
----------------------------------------------------------------------------------------------
Shri S. V. Bhutada, Advocate for the applicants
Shri T. A. Mirza, A. P .P. for the non-applicant no.1/State
Shri P. P. Kotwal, Advocate for non-applicant no.2.
----------------------------------------------------------------------------------------------
CORAM : V. M. DESHPANDE and
AMIT B. BORKAR, JJ.
DATE : MARCH 28, 2022.
ORAL JUDGMENT (Per : Amit B. Borkar, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
3 APL415.22.odt
2. By this application under Section 482 of the Code of
Criminal Procedure, the applicants are challenging registration of the
first information report vide Crime No. 1082/2021 filed against them
by non-applicant no.2 with non-applicant no.1 - Police Station,
Khadan, Akola for the offence punishable under Sections 498-A, 504,
506 read with Section 34 of the Indian Penal Code.
3. The first information report in question came to be
registered against the applicants with accusation that the applicants
have physically and mentally harassed the non-applicant no.2 on the
ground of non-payment of dowry. The applicants have, therefore,
challenged registration of the first information report by filing the
present application.
4. We have heard Shri S. V. Bhutada, learned counsel for
the applicants, Shri T. A. Mirza, learned Additional Public Prosecutor
non-applicant no.1 and Shri P. P. Kotwal, learned counsel for non-
applicant no.2.
5. During pendency of the proceedings, the applicant no.1
and non-applicant no.2 have amicably resolved their dispute. They
4 APL415.22.odt
have filed a joint petition under Section 13-B of the Hindu Marriage
Act for mutual divorce before the Family Court at Akola. A copy of
the said joint petition is placed on record by the applicants at
Annexure-A2. One of the annexures is an affidavit of non-applicant
no.2.
6. Today, non-applicant no.2 is personally present in the
Court. She has stated that she and applicant no.1 have decided to
amicably resolve their dispute and accordingly they have filed a
petition under Section 13-B of the Hindu Marriage Act before the
Family Court at Akola. She has stated that she has no objection if the
first information report, which is the subject matter of the present
application, is quashed and set aside.
7. We have carefully considered the allegations in the first
information report and we are satisfied that even if the allegations in
the first information report along with the material on record are
taken on its face value, the same are not sufficient to constitute the
essential ingredients of the offences alleged against the applicants,.
5 APL415.22.odt
8. The Hon'ble Apex Court in Narinder Singh .vs. State of
Punjab, reported in 2014 AIR SCW 2065 has observed that the Court
cannot decline to quash criminal case in which the first information
report incorporates a particular provision, which is a serious offence
or an offence against the society. The Court shall make all endeavor
whether the first information report indeed discloses the ingredient
of such offence and Court can accept the settlement and quash the
first information report, if the Court is of the opinion that such
offence is unnecessarily incorporated in the first information report.
9. In view of the judgment of the Hon'ble Apex Court in
Narinder Singh's case (supra) and in view of amicable resolution of
the dispute between the applicants and non-applicant no.2, there is
no impediment for quashing of the first information report against
the applicants. We, therefore, pass the following order :
ORDER
1. The Criminal Application is allowed.
2. Rule is made absolute in terms of prayer clause (A) of
the application, which reads as under :
"Quash and set aside First Information Report No.
1082 of 2021 registered by Police Station, Khadan,
6 APL415.22.odt
Akola under Section 498-A, 504, 506 and 34 of the
Indian Penal Code, 1860 against the applicants."
3. The application is disposed of accordingly.
(AMIT B. BORKAR, J.) (V.M.DESHPANDE, J.)
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:28.03.2022
18:38
