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2022 DIGILAW 959 (BOM)

Anurag Dhanraj Meshram v. State Of Maharashtra

2022-04-01

AMIT B.BORKAR, V.M.DESHPANDE

body2022
JUDGMENT AMIT B.BORKAR,J. - Heard learned counsel Shri U.Y.Sonkusare for applicants and learned Additional Public Prosecutor Shri S.S.Doifode for the State. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for parties. 2. By this application, under Sec. 482 of the Code of Criminal Procedure, applicants challenge registration of First Information Report No.144/2021 registered with Gondia City Police Station, Gondia for offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code. 3. The First Information Report came to be registered against applicants with allegations that applicants mentally tortured non-applicant No.2 and, therefore, applicants are challenging the First Information Report. 4. Applicants and non-applicant No.2 have mutually resolved their dispute. Parties have tendered Compromise Deed dtd. 28/3/2022 which is signed by applicants and non-applicant No.2. The said Compromise Deed is taken on record and the same is marked as Exhibit-X for purposes of identification. 5. Having carefully considered allegations in First Information Report, we are satisfied that nature of offence against applicants is 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. 6. In view of offence against applicants is personal in nature and in view of amicable compromise arrived at between parties, there is no impediment for quashing of the First Information Report. We, therefore, pass following order: ORDER The criminal application is allowed in terms of prayer clause (i) of the application. Rule is made absolute in above stated terms.