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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.912 OF 2015
1. Mahesh s/o Vithalrao Akolkar
Aged about 35 years, Occ. Service,
R/o Ward No.2, C/o Shri Deorao Butle,
Khaperkheda, Tah. Saoner, Dist. Nagpur.
2. Sudhir s/o Dinkar Dharmale
Aged about 46 years, Occ. Service
R/o Ekvira Vidyut Colony, Area,
Vidyut Nagar, Navsari, Tq and Dist. Amravati.
3. Surekha w/o Sudhir Dharmale
Aged about 38 years, Occ. Household
R/o Ekvira Vidyut Colony, Area,
Vidyut Nagar, Navsari, Tq and Dist. Amravati.
4. Sangeeta w/o Pralhad Karade
Aged about 41 years, Occ. Household,
R/o Gajanan Nagar, Dabki Road, Akola,
Tq. And Dist. Akola.
5. Pralhad s/o Ramrao Karade
Aged about 48 years, Occ. Service,
R/o Gajanan Nagar, Dabki Road, Akola,
Tq. And Dist. Akola.
6. Vitthalrao s/o Pundlikrao Akolkar
Aged about 67 years, Occ. Retired
R/o Nibandhe Plot, Jatharpeth,
Akola, Tq. & Dist. Akola.
7. Vandana wd/o Dilip Akolkar
Aged about 35 years, Occ. Service
R/o Nibandhe Plot, Jatharpeth,
Akola, Tq. & Dist. Akola.
8. Nisha w/o Mahesh Akolkar
Aged about 28 years. Occ. Nil
R/o Dwangepura, Nandura,
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45-apl-912-15 2/3
Tah. Nandura, Dist. Buldhana. ... Applicants.
-vs-
State of Maharashtra,
Through its Police Station Officer,
Police Station Nandura, Tahsil-Nandura,
Dist. Buldhana. ... Respondent.
Shri Dhiraj Jain, counsel for applicant Nos.1 to 7. Shri A. M. Gedam, counsel for applicant No.8.
Shri M. J. Khan, APP for the State.
ig CORAM : B. R. GAVAI &
A.S.CHANDURKAR JJ.
DATE : MARCH 14, 2016
Oral Judgment : (As per B. R. Gavai, J.)
Rule. Rule made returnable forthwith. Heard finally with
consent of learned counsel for the parties.
By the present application, the applicants have jointly approached this Court for quashing and setting aside F.I.R No.85 of 2013 and consequential Charge Sheet No.118 of 2013. The applicant No.1 and applicant No.8 were married to each other on 28/06/2012. It appears that immediately after the marriage, the relationship between the parties became sour as a consequence of which the F.I.R came to be registered. After the investigation, charge sheet came to be filed.
2. The present application is a joint application filed by the applicant No.1-husband and applicant No.8-wife. Rest of the applicants are the ::: Uploaded on - 16/03/2016 ::: Downloaded on - 31/07/2016 08:57:22 ::: 45-apl-912-15 3/3 relatives of applicant No.1-husband. It appears that the dispute between the parties was sent for mediation. The mediation has been successful and the parties have arrived at agreement which is recorded by the learned Mediator on 09/07/2015. One of the clauses in the agreement provides for giving an end to the criminal proceedings between the parties.
3. The Apex Court in the case of B. S. Joshi And Ors. Vs. State of Haryana & Anr. reported in (2003) 4 SCC 675 has held that if the parties arrive at settlement in a matrimonial dispute, then the Court should exercise powers under Section 482 of the Criminal Procedure Code to give an end to the criminal proceedings. The applicant No.1 and 8 are personally present in the Court. They are identified by their learned counsel. The applicant Nos.1 and 8 reiterate about the settlement arrived between them.
4. In that view of the matter, we find that this is a fit case to exercise powers under Section 482 of the Criminal Procedure Code to give an end to the criminal proceedings in terms of agreement of settlement arrived at between the parties.
Rule is therefore made absolute in terms of prayer clause (b). No order as to costs.
JUDGE JUDGE
Asmita
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