Hanumant Lakshmanrao Wanode And 4 ... vs State Of Mah. Thr P.So. P.S. ...
2023 Latest Caselaw 947 Bom

                                                     J-APL-407-2019.odt
                           1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          NAGPUR BENCH, NAGPUR.
   CRIMINAL APPLICATION (APL) NO.407 OF 2019

     APPLICANTS             : 1 Hanumant S/o Lakshmanrao Wanode
(As per Court's order dated     Aged about 50 Years, Occupation
18.07.2022,     application
filed by the applicant no.1
                                Business
abates.

                        2 Sou Ujjwala W/o Hanumant Wanode
                          Aged about 46 Years, Occupation
                          Housewife,
                        3 Hrushikesh S/o Hanumant Wanode
                          Aged about 18 Years, Occupation
                          Student
                        4 Namrata D/o Hanumant Wanode Aged
                          about 23 Years, Occupation Student
                           Applicants No.1 to 4 R/o Sai Nagar
                           Yerawar Layout, Pimpalgaon Road,
                           Tah.7 Dist. Yavatmal.
                        5 Shraddha D/o Hanumant Wanode Aged
                          about 21 Years, Occupation Student,
                          R/o C/o Kiran Girispunje Dabha
                          (Badnera), Tahsil & District Amravati.

                           ..VERSUS..
     RESPONDENTS : 1 State of Maharashtra,
                     Through Police Station Officer, Police
                     Station Babhulgaon, Tahsil Babhulgaon
                     District Yavatmal.
                        2 Aparna W/o Nilesh Wanode,
                          Aged about 27 Years, Occupation -
                          Housewife, R/o Sukali, At Post -
                          Karalgaon, Tahsil-Babhulghaon, Dist.
                          Yavatmal.
                                                                                     J-APL-407-2019.odt
                                          2
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        Shri P. S. Chawhan, Advocate for the Applicants.
        Shri S. S. Doifode, Additional Public Prosecutor for the Non-Applicant No.1/State.
        Shri B. H. Tekam, Advocate for the Non-Applicant No.2.
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       CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

       DATE         : 30th JANUARY, 2023.


   ORAL JUDGMENT : (PER : VINAY JOSHI, J.)


   .               Heard. Admit.

2. By consent of the learned Counsel appearing for

the parties, this Criminal Application is taken up for final

hearing.

3. This is an application under Section 482 of the

Code of Criminal Procedure (Cr.P.C.), 1973, seeking to

quash the First Information Report (FIR) bearing Crime

No.163 of 2019, registered with Babhulgaon Police Station,

District Yavatmal, for the offence punishable under Sections

354, 323, 504, 506 and 143 of the Indian Penal Code (IPC),

1860.

4. Non-Applicant No.2 has lodged a report alleging

that out of a land dispute, there was a quarrel in which, one

of the Applicant Hrushikesh has outraged her modesty whilst J-APL-407-2019.odt

some other Applicants have manhandled witness namely

Ujwala, and therefore, the police report. The parties are

related to each other. There appears to be a land dispute in

between them. Having regard to the close relationship, the

parties have settled the dispute out of Court and joint

affidavit dated 04.07.2022 has been filed on record. In said

affidavit, the informant has stated about the compromise and

her desire that she do not wish to prosecute the criminal case

on account of settlement. In said incident, sister-in-law of

informant namely Seema Gajanan Lambatkar was also

injured. Similarly, Seema has also filed an affidavit dated

24.01.2023 stating about the compromise and her non-

inclination to prosecute the criminal case.

5. In both the affidavits, reference has been made

about the settlement of land dispute. For that reason, they

have decided to withdraw the existing report. The parties are

close relatives and residing in the same vicinity. The

occurrence does not have a far reaching social impact. In

order to maintain harmony between the relatives, the matter

has been settled. Both informant and injured Seema are J-APL-407-2019.odt

present before Court, who have been identified by their

Counsel Shri. Bharat H. Tekam. We have enquired with

them about the settlement on which, they understood the

contents of respective affidavits and stated that they do not

want to prosecute the concerned criminal case.

6. There is no purpose in requiring parties to go on

with the trial. Moreover, having regard to the non-inclination

of informant and injured Seema to prosecute the criminal

case, the chances of conviction are remote and bleak. In the

circumstances, we deem it desirable to invoke our inherent

jurisdiction and accordingly, we hereby allow the criminal

application. The FIR bearing Crime No.163 of 2019,

registered with Babhulgaon Police Station, District Yavatmal,

for the offence punishable under Sections 354, 323, 504,

506 and 143 of the IPC, is quashed and set aside.

7. The criminal application stands disposed in above

terms.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

TAMBE Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:01.02.2023 10:58