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HIGH COURT OF BOMBAY
ANITA W/O. PRAFUL JAISWAL AND ANOTHER – Appellant
Versus
THE STATE OF MAHARASHTRA THR. POLICE STATION OFFICER PS AMBAZARI DIST. NAGPUR – Respondent
Judgment
Judgment
1
1
apl671.21.odt
apl671.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 671/2021
CRIMINAL APPLICATION (APL) NO. 671/2021
1]
1]
Anita W/o Praful Jaiswal
Anita W/o Praful Jaiswal,
,
Aged about 55 years, Occ. Household,
Aged about 55 years, Occ. Household,
R/o. Near Euro Kids Primary School,
R/o. Near Euro Kids Primary School,
Ambazari Layout, Tq. & Dist. Nagpur
Ambazari Layout, Tq. & Dist. Nagpur
2]
2]
Dr. Shantanu S/o Pradeep Sengupta
Dr. Shantanu S/o Pradeep Sengupta,
,
Aged about 46 years, Occ. Medical Practitioner,
Aged about 46 years, Occ. Medical Practitioner,
R/o. Plot No. 14, Ambazari Layout,
R/o. Plot No. 14, Ambazari Layout,
Tq. & Dist. Nagpur
Tq. & Dist. Nagpur
….
….
APPLICANT(S)
APPLICANT(S)
//
//
VERSUS //
VERSUS //
State of Maharashtra
State of Maharashtra,
,
Through its Police Station Officer,
Through its Police Station Officer,
Police Station Ambazari,
Police Station Ambazari,
Dist. Nagpur
Dist. Nagpur
….
…. NON-APPLICANT
NON-APPLICANT
*******************************************************************
*******************************************************************
Shri T. Deshpande, Advocate for the applicant(s)
Shri T. Deshpande, Advocate for the applicant(s)
Shri V. A. Thakare, APP
Shri V. A. Thakare, APP for the non-applicant/State
for the non-applicant/State
*******************************************************************
*******************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
JULY
JULY
30
30
, 2021
, 2021
JUDGMENT
JUDGMENT
: (PER:-
: (PER:-
AMIT B. BORKAR, J.)
AMIT B. BORKAR, J.)
1]
Heard.
2]
RULE. Rule made returnable forthwith.
ANSARI
ANSARI
Judgment
Judgment
2
2
apl671.21.odt
apl671.21.odt
3]
This is joint application filed by the applicant no. 1 – Informant
and the applicant no. 2 – accused for quashing of the First Information
Report No. 0364/2019 dated 07/09/2019 & consequent Charge-sheet / Final
Report No. 164/2020 dated 03/12/2020 against the applicant no. 2 –
accused for the offences punishable under Sections 289, 106 & 177 of the
Indian Penal Code.
4]
The first information report came to be registered against the
applicant no. 2 with the accusations that when the applicant no. 1 was
travelling on her two wheeler, the applicant no. 2 deliberately allowed his
dog to bite the applicant no. 1, and therefore the applicant no. 1 lodged the
first information report with the non-applicant - Police Station. The
Investigating Agency after completion of the investigation, filed Charge-sheet
/ Final Report bearing No. 164/2020. Pending the proceedings, the
applicants have arrived at mutual settlement and have therefore filed the
present application challenging registration of the first information report &
charge-sheet.
5]
Today, the applicants were present in the office of Shri Tejas
Deshpande, Advocate. The applicant no. 1 has stated before the Court
through video conferencing that she wants to withdraw the prosecution and
she is withdrawing the prosecution voluntarily without any pressure.
ANSARI
ANSARI
Judgment
Judgment
3
3
apl671.21.odt
apl671.21.odt
6]
Having gone through the allegations in the first information
report and the material produced in the form of charge-sheet, we are
satisfied that in view of the settlement between the applicant no. 1 and the
applicant no. 2, 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 held that the Criminal Courts are already burdened and when
the parties have settled their dispute and chances of conviction are bleak, it is
not advisable to continue with the criminal proceedings.
7]
In view of the ratio laid do
