Sanjay Nandkishore Jaiswal And 3 ... vs State Of Mah. Thr. Pso Ps Wadgaon ...
2022 Latest Caselaw 4669 Bom

Judgment

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR
           CRIMINAL APPLICATION (APL) NO.238 OF 2021

1. Shri Sanjay Nandkishore Jaiswal,
Aged about 32 years, occupation business.

2. Shri Nandkishore Bhaiyyalal Jaiswal,
Aged about 70 years, occupation business.

3. Smt.Saroj Nandkishore Jaiswal, aged
about 55 years, occupation Nil.

4. Smt.Savita Nitin Jaiswal, aged about
45 years, occupation Nil.

All applicant Nos.1 to 4, r/o Fruit
Market, Sharda Chowk, Yavatmal, taluka
District Yavatmal.                     ..... Applicants.

                           :: V E R S U S ::

1. State of Maharashtra, through
Police Station Officer, Police
Station Wadgaon Road, Yavatmal,
Taluka and District Yavatmal.

2. Smt.Nisha Sanjay Jaiswal, aged
about 24 years, occupation housewife,
r/o plot No.06, Jai Durga Nagar,
Zingabai Takli, Godhani Road,
Nagpur, Taluka and district Nagpur.         Non-applicants..
===================================
Shri C.J.Dhumane, Counsel for Applicants.
Shri M.V.Rai, Counsel for Non-applicant No.2.
Shri S.M.Ghodeswar, Additional Public Prosecutor for the State.
===================================
CORAM      : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE       : MAY 02, 2022

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


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1.            Heard learned counsel Shri C.J.Dhumane for applicants,

learned counsel Shri M.V.Rai for non-applicant No.2, and learned

Additional Public Prosecutor Shri S.M.Ghodeswar for the State. Rule.

Rule made returnable forthwith. Heard finally by consent of learned

counsel for respective parties.


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

Criminal   Procedure,    applicants       challenge   registration    of     First

Information Report No.805/2016 registered with Wadgaon Road Police

Station, Yavatmal for offences punishable under Sections 498-A and 323

read with Section 34 of the Indian Penal Code and consequent

proceeding bearing Regular Criminal Case No.304/2017 pending before

learned 6th Judicial Magistrate First Class at Yavatmal.


3.            Non-applicant No.2 lodged the First Information Report

against applicants with allegations that applicants mentally and

physically harassed and assaulted her.


4.            After   completion   of      investigation   into   the      crime,

investigation agency filed chargesheet against applicants.                 During

pendency of proceedings before learned Magistrate, applicants and non-

applicant No.2 have amicably resolved their dispute between them.


5.            This Court is informed that the Family Court at Yavatmal


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has granted decree of divorce under provisions of the Hindu Marriage

Act. It is also informed that parties have withdrawn their proceedings

under the provisions of the Domestic Violence Act.


6.           Non-applicant No.2 has filed an affidavit stating in it that

dispute between her and applicants has been resolved amicably on

27.2.2020 before learned Mediator, Mediation Centre, Family Court at

Yavatmal and they have arrived at an agreement on 12.2.2021. As such,

she has no objection if First Information Report lodged against

applicants by her is quashed.


7.           Having carefully gone through contents of the application

and allegations levelled against applicants in the First Information

Report, we are satisfied that allegations levelled against applicants are

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.


8.           In such view of the matter and in view of fact that nature

of offences being personal in nature, there is no impediment in quashing

of the First Information Report lodged against applicants by non-



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applicant No.2. We, therefore, pass following order:


                                 ORDER

(1) The criminal application is allowed.

(2) First Information Report No.805/2016 registered with Wadgaon

Road Police Station, Yavatmal for offences punishable under Section

498-A and 323 read with Section 34 of the Indian Penal Code and

consequent proceeding bearing Regular Criminal Case No.304/2017

pending before learned 6th Judicial Magistrate First Class at Yavatmal are

hereby quashed.

Rule is made absolute in aforesaid terms.

             JUDGE                                     JUDGE

!! BRW !!         Digitally signed
                  by BHUSHAN
BHUSHAN           RANA
RANA              WANKHEDE
WANKHEDE          Date:
                  2022.05.02
                  17:49:08 +0530




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