2408apl506.17-Judgment 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 506 OF 2017
APPLICANT :- 1. Sachin S/o Prabhakar Dadhe, aged about 35
years, occupation : Private Service,
2. Prabhakar S/o Natthuji Dadhe, aged about
61 years, occupation : Retired,
3. Indira @ Veena W/o Prabhakar Dadhe, aged
about 55 years, occupation : Household,
applicant No.1 to 3 are R/o. Kharabi Road,
Sheshnagar, Behind Swami Vivekanand
School, Plot No.118, District and Tahsil
Nagpur, (P.S.Nandanwan).
4. Shilpa W/o. Madhukar Wawarkar, aged
about 33 years, Occupation : household, R/o
Pashan Chauk, Gol Market, A.R.D.E.Colony,
Pune (P.S.Pashan).
...VERSUS...
NON-APPLICANTS :- 1. State of Maharashtra, Through P. S.
Nandanwan, Nagpur.
2. Minakshi W/o. Sachin Dadhe, ageda bout 40
years, occupation : household, R/o. Police
Line Takli, Kamgarnagar, Plot No.46,
Nagpur.
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Mrs. I. P. Khisti, counsel for the applicant.
Ms T.H.Khan, Additional Public Prosecutor for the non-applicant No.1
Mr. A. R. Itankar, counsel for the respondent No.2.
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CORAM : SMT. VASANTI A NAIK &
M. G. GIRATKAR
, JJ.
DATED : 24.08.2017 ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:42 ::: 2408apl506.17-Judgment 2/5 O R A L J U D G M E N T (Per : Smt.Vasanti A Naik, J.) The criminal application is admitted and heard finally at the stage of admission with the consent of the learned counsel for the parties.
2. By this criminal application, the applicants seek the quashing and setting aside of the first information report bearing No.386 of 2014 registered against the applicants for the offence punishable under section 498-A read with section 34 of the Penal Code.
3. The marriage of the applicant No.1 and the non-applicant No.2 was solemnized on 19/03/2012. The relationship between the applicant No.1 and the non-applicant No.2 became strained and hence they started residing separately within a couple of years from the marriage. In view of the strained relationship, the non-applicant No.2 had filed a report against the applicants, i.e. her husband, her father-in- law, her mother-in-law and her sister-in-law for the offence punishable under section 498-A read with section 34 of the Penal Code. On the basis of the report lodged by the non-applicant No.2, the first information report was registered against the applicants. Proceedings ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:42 ::: 2408apl506.17-Judgment 3/5 were also filed by the non-applicant No.2 against the applicants under the provisions of Protection of Women From Domestic Violance Act. The applicant No.1 had filed proceedings before the Family Court, Nagpur against the non-applicant No.2 for a decree of divorce on the ground of cruelty. During the pendency of the proceedings before the family court, the matter was amicably settled between the applicant No.1 and the non-applicant No.2 and the applicant No.1 and the non- applicant No.2 decided to convert the petition filed by the applicant No.1 for a decree of divorce under section 13 (a-i) of the Hindu Marriage Act into a petition for a decree of divorce by consent under section 13-B of the Act. In the said proceedings the applicant No.1 agreed to pay a sum of Rs.5,00,000/- to the non-applicant No.2 towards permanent alimony and the said amount was deposited by the applicant No.1 in the family court by a demand draft for payment to the non- applicant No.2 at the time of passing of the consent decree. The applicants and the non-applicant No.2 therefore have jointly requested that the first information report registered against the applicants for the offence punishable under section 498-A read with section 34 of the Penal Code is liable to be quashed and set aside.
4. The parties are personally present in the court today. We have made specific query to the non-applicant No.2 whether the matter ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:42 ::: 2408apl506.17-Judgment 4/5 between the applicants and the non-applicant No.2 is amicably settled on the terms mentioned in the petition filed by the parties under section 13-B of the Hindu Marriage Act and the non-applicant No.2 has answered in the affirmative. The non-applicant No.2 has stated that since she has compromised the matter with the applicants, the first information report registered against the applicants may be quashed and set aside.
5. In the circumstances of the case, it would be necessary to quash and set aside the first information report registered against the applicants for the offence punishable under section 498-A read with section 34 of the Penal Code. The report was lodged by the non- applicant No.2 against the applicants as their relationship between the applicants and the non-applicant No.2 had soured at that particular point of time. The parties had filed proceedings against each other. The matter was however amicably settled between the applicants and the non-applicant No.2 with the intervention of their counsel and their relatives. The parties have decided to withdraw the cases filed against each other. The petition filed by the applicant No.1 has been converted into a petition for a decree of divorce by consent under section 13-B of the Hindu Marriage Act. Since the non-applicant No.2 is not ready to participate in the trial against the applicants for the offence punishable ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:42 ::: 2408apl506.17-Judgment 5/5 under section 498-A read with section 34 of the Penal Code, it is not likely that the prosecution would result in the conviction of the applicants. The settlement between the parties, as laid down by the Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab, reported in (2012) 10 SCC 303, can itself be a consideration for quashing and setting aside the proceedings by invoking the jurisdiction under section 482 of the Code of Criminal Procedure. In the circumstances of the case, the first information report registered against the applicants is liable to be quashed and set aside.
6. Hence, for the reasons aforesaid, the criminal application is allowed. The first information report bearing No.386 of 2014, registered against the applicants for the offence punishable under section 498-A read with section 34 of the Penal Code and the proceedings resulting there from, are hereby quashed and set aside. Order accordingly.
JUDGE JUDGE
KHUNTE
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