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2022 Supreme(Bom) 1331

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
V.M.Deshpande, Amit B.Borkar, JJ.
Janardan - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Criminal Application (APL) No.362 of 2022
Decided On : 02-05-2022

Advocates appeared:
P.S.Chawhan, Advocate, N.B.Kalwaghe, Advocate, S.M.Ghodeswar, Advocate

The court has the authority to quash proceedings if an amicable settlement is reached between the parties and if the allegations are similar to a previously quashed FIR.

Headnote:

Section 482 - Quashing of FIR - Amicable Settlement

Fact of the Case:

The applicant challenges the First Information Report (FIR) registered for offences under Sections 354 and 506 of the Indian Penal Code, alleging outrage of modesty.

Finding of the Court:

The court, considering the amicable settlement between the parties and the similarity of allegations to a previously quashed FIR, decides to quash the proceedings initiated against the applicant.

Issues: Validity of continuing proceedings in light of amicable settlement and similarity to a previously quashed FIR.

Ratio Decidendi: The court found that the amicable settlement between the parties and the similarity of allegations to a previously quashed FIR warranted the quashing of the proceedings against the applicant.

Final Decision: The criminal application is allowed, and the FIR registered against the applicant is quashed.

JUDGMENT

amit.B.Borkar, J. - Heard learned counsel Shri P.S.Chawhan for the applicant, learned counsel Shri N.B.Kalwaghe for non-applicant No.2, and learned additional Public Prosecutor Shri S.M.Ghodeswar for the State. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for respective parties.

2. By this application, under Section 482 of the Code of Criminal Procedure, the applicant challenges First Information Report No.553/2021 registered with Mahagaon Police Station, Yavatmal for offences punishable under Sections 354 and 506 of the Indian Penal Code.

3. Non-applicant No.2 lodged the First Information Report with an accusation that the applicant outraged her modesty.

4. During pendency of investigation, the applicant and non-applicant No.2 have mutually arrived at an amicable settlement.

5. Here, it is to be noted that the wife of the applicant and husband of non-applicant No.2 are working in the same school. Today, this Court in Criminal application No.540/2022 has quashed First Information Report, lodged by the wife of the applicant against husband of non-applicant No.2. allegations in the First Information Report in present application and allegations in First Information Report in the said application are similar in nature.

6. Non-applicant No.2 present in the Court hall stated that she has amicably resolved the dispute between her and the applicant. She stated that she has voluntarily filed the affidavit stating in it that she has no objection if proceedings lodged against the applicant by her is quashed and to maintain good relations in the school they are settling the matter amicably.

7. We have carefully considered the allegation in the First Information Report.

8. In this view of the matter and in view of the fact that First Information Report which has been quashed by this Court today in Criminal application No.540/2022 in view of amicable settlement arrived at between them and also the fact that parties to the present application have also arrived at an amicable settlement between them, we find that this is a fit case wherein continuation of proceedings initiated against the applicant needs to be quashed. Hence, we pass following order:

ORDER

    (1) The criminal application is allowed.

    (2) First Information Report No.553/2021 registered with Mahagaon Police Station, Yavatmal for offences punishable under Sections 354 and 506 of the Indian Penal Code is hereby quashed.

    Rule is made absolute in aforesaid terms.

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