Aishwarya Snehal Katkar And 5 Others v. The State Of Maharashtra, Thr. Pso, Police Station Khadan, Tq. Akola, Dist. Akola
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 857 OF 2021 1.
Aishwarya Snehal Katkar, Aged : 24 Years, Occp. : Home-maker, R/o.C/o. Sunil Sukhdevrao Wagh, Kamla Jaju Nagar, Hingna Phata, Kaulkhed, Khadan, Akola.
2.
Snehal Domaji Katkar, Aged : 27 Years, Occp.: Service.
3.
Domaji Vitthal Katkar, Aged : 51 Years, Occp. Service.
4.
Narmada Domaji Katkar, Aged : 47 Yrs. Occp. : Home-maker, Nos. 2 to 4 R/o. Qtr. No.488, Ramnagar Colony WCL, Ghuggus, Chandrapur Maharashtra.
5.
Asha Ranjeet Duryodhan, Aged : 24 Yrs. Occp. : Home-maker.
6.
Ranjeet Santosh Duryodhan, Aged : 27 Yrs. Occp. : Service, Nos. 5 & 6, R/o. Navin Sinala, Post Urja-Nagar, Tah. & Distt. Chandrapur.
......APPLICANTS ... VERSUS ...
State of Maharashtra, Through P. S.O., Police Station, Khadan, Tq. Akola, Distt. Akola.
......NON-APPLICANT ------------------------------------------------------------------------------------------- Shri U. J. Deshpande, Advocate for the Applicants. Shri S. M. Ghodeswar, Additional Public Prosecutor for the Non-applicant. ------------------------------------------------------------------------------------------- CORAM :
V. M. DESHPANDE AND AMIT B. BORKAR, JJ.
DATE :
30.08.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.) 1.
Heard.
2.
Rule. Rule is made returnable forthwith.
3.
By this application under Section 482 of the Code of Criminal Procedure, the applicants have jointly challenged registration of the First Information Report No.653/2021 dated 30.05.2021 registered with the non-applicant - Police Station against the applicant Nos.2 to 6 for the offences punishable under Sections 498-A, 377 read with Section 34 of the Indian Penal Code.
4.
The First Information Report came to be registered against the applicant Nos.2 to 6 with the accusations that the applicant Nos.2 to 6 physically and mentally harassed the applicant Nos.1 and the applicant No.2 had unnatural sex with the applicant No.1.
5.
During the pendency of the investigation, the applicants have mutually resolved their dispute and have therefore filed present application challenging registration of the First Information Report.
6.
We have carefully scrutinized the allegations in the First Information Report and we are satisfied that the offences alleged against the applicant Nos.2 to 6 are personal in nature. The Hon'ble Supreme 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 in disputes where the question involved is of a purely personal nature, 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. 7.
The applicant No.1 is present in the Court along with her father and has stated that she has no objection for quashing the criminal proceedings against the applicant Nos.2 to 6. Her father has also no objection for quashing the criminal proceedings against the applicant Nos.2 to 6.
8.
In view of the settlement between the applicants, there is no impediment for quashing the First Information Report registered against the applicant Nos.2 to 6.
9.
We therefore, pass following order :
The First Information Report No.653/2021 dated 30.05.2021 registered with the non-applicant - Police Station against the applicant Nos.2 to 6 for the offences punishable under Sections 498-A, 377 read with Section 34 of the Indian Penal Code is quashed and set aside.
10. Rule is made absolute in the above terms. Pending application(s), if any, stand(s) disposed of. JUDGE JUDGE RGurnule