Shailendra S/O Shridhar Pendam ... vs State Of Mah. Thr. Pso Ps Jaripatka ...
2022 Latest Caselaw 4722 Bom

                                                   1                  Cri.APL-658.22.odt


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

           CRIMINAL APPLICATION (APL) NO. 658 OF 2022


1. Shailendra s/o. Shridhar Pendam,
   Age : 35 years, Occ. : Business.

2. Shridhar s/o. Dhodbaji Pendam,
   Aged about 64 years, Occ. Retired.

3. Pramila w/o. Shridhar Pendam,
   Aged about 55 years, Occ. Household,
   All 1 to 3 R/o. Plot No.111, Nagsen Nagar, --APPLICANTS
   Bhim Chowk Jaripatka, Nagpur.                (Accused)

           ---VERSUS---

1. State of Maharashtra through
   Police Station Officer, Police Station,
   Jaripatka, Nagpur.

 2. Sau. Manisha w/o. Shailendra Pendam,
     Age : 28 years, Occ. : Housewife,
     R/o. C/o. Raju Shyamrao Dhurve,
     Plot No.15, Saudamani Society, Sita Lawn, --NON-APPLICANTS
     Anand Nagar, Jaytala Road, Nagpur.                             (Ori. Comp.)
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Mr. Pushkar A. Deshpande, Advocate for the Applicants.
Mr. S. S. Doifode, A.P. P. for the Non-applicant/State.
Mr. Abhishek Shukla, Advocate for Non-applicant No.2.
-------------------------------------------------------------------------------------------

             CORAM :          V. M. DESHPANDE AND
                              AMIT BORKAR, JJ.

             DATE         :   04.05.2022.


JUDGMENT : (PER - AMIT BORKAR, J.)

1.           Heard.

2. Rule. Rule made returnable forthwith.

2 Cri.APL-658.22.odt

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

Criminal Procedure, the applicants are challenging registration of

the First Information Report bearing No.584/2018 dated

01.06.2018 along with charge sheet and Regular Criminal Case

No. 515/2021 pending before the learned Judicial Magistrate First

Class, Nagpur.

4. The First Information Report came to be registered

against the applicants with the accusations that the applicants

physically and mentally harassed and assaulted the non-applicant

No.2 on the ground of non-payment of dowry. The Investigating

Agency after completion of the investigation filed charge sheet

against the applicants.

5. During the pendency of the proceedings, the applicants

and the non-applicant No.2 have resolved to settle their dispute

and they have therefore filed the present application for quashing

the proceedings against the applicants.

6. Today, the non-applicant No.2 is present in the Court

and stated that the dispute between the non-applicant No.2 and

the applicants has been mutually resolved and she has received

demand draft dated 12.04.2022 of Rs.8,00,000/-. The

non-applicant No.2 has filed written submissions sworn by her 3 Cri.APL-658.22.odt

stating that she has no objection for quashing the proceedings

against the applicants.

7. We have carefully considered the allegations in the First

Information Report and the material in the form of charge sheet,

and we are satisfied that the registration of the offences against

the applicants arose out of the matrimonial proceedings.

8. The Hon'ble Apex Court in the case of Madan Mohan

Abbot Vs. State of Punjab reported in (2008) 4 SCC 582, has taken

a view that it is advisable that, the Court should ordinarily accept

the terms of compromise even in criminal proceeding as keeping

the matter alive with no possibility of conviction in favour of the

prosecution is a luxury which the Courts, grossly over-burdened,

as they are, cannot afford and that the time so saved can be

utilized in deciding more effective and meaningful litigation.

9. In view of the amicable resolution of dispute between

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

in quashing the First Information Report and proceedings against

the applicants.

10. We therefore, pass following order :

Rule is made absolute in terms of prayer clause - (1),

which reads as under :

4 Cri.APL-658.22.odt

"Quash and set aside Charge Sheet/final report dated 22/01/2021 bearing no.18/2021 submitted in pursuance to F.I.R. No.584/2018 dated 01/06/2018 annexed at ANNEXUE '1' and also quash proceedings initiated and pending in pursuance to above chargesheet bearing regular criminal case no.515/2021 pending before learned 10th Joint Civil Judge Junior Division, and Judicial Magistrate First Class, at Nagpur, in the interest of justice."

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

                             JUDGE                                      JUDGE


           RGurnule




Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:05.05.2022
14:51