Bombay High CourtAPL/435/2020rule absolute

Sunny S/O Vijay Chatur And 3 Others v. State Of Mah. Thr. Pso Ps Wardha, Tq. And Dist. Wardha And Another

2021-04-27Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Amit B. Borkar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 435/2020 CRIMINAL APPLICATION (APL) NO. 435/2020 1] 1] Sunny S/o Vijay Chatur Sunny S/o Vijay Chatur, Aged about 35 years, Occ. Doctor, Aged about 35 years, Occ. Doctor, 2] 2] Vijay S/o Bhaurao Chatur Vijay S/o Bhaurao Chatur, Aged about 73 years, Occ. Nil, Aged about 73 years, Occ. Nil, 3] 3] Vaishali W/o Vijay Chatur Vaishali W/o Vijay Chatur, Aged about 64 years, Occ. Household Aged about 64 years, Occ. Household All Applicant no. 1 to 3, R/o. Ingole Chowk, All Applicant no. 1 to 3, R/o. Ingole Chowk, Malgujaripura, Wardha, Tq. & Dist. Wardha Malgujaripura, Wardha, Tq. & Dist. Wardha 4] 4] Tushar S/o Prafulla Kale Tushar S/o Prafulla Kale, Aged about 49 years, Aged about 49 years, Occ. Government Service, Occ. Government Service, R/o. Rajeshri Colony, Dastur Nagar, R/o. Rajeshri Colony, Dastur Nagar, Amravati, Tq. & Dist. Amravati Amravati, Tq. & Dist. Amravati ....

.... APPLICANT(S) APPLICANT(S) // // VERSUS // VERSUS // 1] 1] State of Maharashtra State of Maharashtra, Through Police Station, Through Police Station, Office of Police Station Wardha, Office of Police Station Wardha, Tq. & Dist. Wardha Tq. & Dist. Wardha 2] 2] Sau. Rakhi W/o Sunny Chatur Sau. Rakhi W/o Sunny Chatur, Aged about 32 years, Occ. Household Aged about 32 years, Occ. Household C/o. Rajendra Madhukar Dhulekar, C/o. Rajendra Madhukar Dhulekar, R/o. Vyankatesh Nagar, Dubewar Layout, R/o. Vyankatesh Nagar, Dubewar Layout, Near Narayana, Pusad, Tq. Pusad & Near Narayana, Pusad, Tq. Pusad & Dist. Yavatmal Dist. Yavatmal

Second Address Second Address C/o. Shri Rahul Rajendra Dhulekar, C/o. Shri Rahul Rajendra Dhulekar, Apartment No. 202, C-Wing, Pristine Apartment No. 202, C-Wing, Pristine Mieadows, Ubale Nagar, Wagholi, Pune Mieadows, Ubale Nagar, Wagholi, Pune (As per Address mentioned in title clause of (As per Address mentioned in title clause of Cri. M.A. 2166/2019 filed by non-applicant no. 2 Cri. M.A. 2166/2019 filed by non-applicant no. 2 at Pune) at Pune) ....

.... NON-APPLICANT(S) NON-APPLICANT(S) ****************************************************************************** ****************************************************************************** Shri Sawan Alaspurkar, Advocate for the applicant(s) Shri Sawan Alaspurkar, Advocate for the applicant(s) Ms. M. Deshmukh, APP for the non-applicant no. 1 Ms. M. Deshmukh, APP for the non-applicant no. 1 Shri A.S. Chakotkar, Advocate for the non-applicant no. 2 Shri A.S. Chakotkar, Advocate for the non-applicant no. 2 ****************************************************************************** ****************************************************************************** CORAM : Z.A.HAQ CORAM : Z.A.HAQ & AMIT B. BORKAR & AMIT B. BORKAR , JJ.

, JJ.

APRIL 27, 2021 APRIL 27, 2021 ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.) ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.) 1] Heard.

2] RULE. Rule made returnable forthwith.

3] By this application under Section 482 of the Code of Criminal Procedure, the applicants have challenged registration of F.I.R. No. 55/2020 dated 14/01/2020 registered with the non-applicant no. 1 - Police Station for the offences punishable under Sections 498-A, 504 and 34 of the Indian Penal Code and consequent Charge-sheet No. 189/2020 filed before the Judicial Magistrate First Class, Court No. 2, Wardha.

4] The first information report came to be registered against the applicants with the accusations that the applicants physically and mentally harassed the nonapplicant no. 2. The investigating agency carried out the investigation and filed chargesheet against the applicants in the Court of JMFC, Court No. 2, Wardha. The applicants have challenged registration of the first information report and consequent charge-sheet by filing the present application.

5] During the pendency of the present application, the applicants and the nonapplicant no. 2 have arrived at settlement. The non-applicant no. 2 has filed an affidavit dated 02/11/2020. It is stated in para no. 4 that the non-applicant no. 2 has no grievance against the applicants and does not wish to pursue the matter further and wants to withdraw the complaint lodged against the applicants. 6] The applicant no. 1 has also filed an affidavit dated 20/04/2021. It is stated in para no. 6 that the applicant no. 1 has deposited/paid Rs. 17,50,000/- to the nonapplicant no. 2 and have settled their dispute. 7] We have carefully considered the allegations in the first information report and the material in the form of charge-sheet. Having gone through the FIR and chargesheet, we are satisfied that the offences lodged against the applicants are personal in nature. We are therefore satisfied that the chances of conviction are bleak. 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 when the parties have arrived at settlement and the chances of conviction are bleak, it is advisable not to burden the Criminal Courts which are already overburdened. It is held that the time saved from such settlement can be utilized for other deserving work.

8] Hence, the following order:- F.I.R. No. 55/2020 dated 14/01/2020 registered with the non-applicant no. 1 - Police Station and Charge-sheet No. 189/2020 filed with the JMFC, Court No. 2, Wardha against the applicants for the offences punishable under Sections 498-A, 504 and 34 of the Indian Penal Code are quashed and set aside.

Rule is made absolute in the above terms.

(JUDGE) JUDGE) (JUDGE) (JUDGE)

ANSARI