APL 156.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION [APL] NO.156 OF 2017
1] Mr. Vikas @ Vicky s/o Banwarilal
Saraf (Agrawal), Aged 30 years,
Occupation-Business,
R/o. Flat No.202, Salasar Vihar
Colony, New Deshpande Layout,
Ring Road, Wathoda, Nagpur,
Tahsil and District-Nagpur
(Maharashtra State).
2] Mrs. Megha w/o Vikas @ Vicky s/o
Banwarilal Saraf (Agrawal),
(Megha d/o Naresh Agrawal),
Aged 26 years,
Occupation-Household,
R/o. Manohar Chowk, Civil Lines Road,
Gondia, Tahsil and District-Gondia
(Maharashtra State) .. APPLICANTS
.. VERSUS ..
State of Maharashtra,
Through Officer Incharge, Gondia
City Police Station, Gondia,
Tahsil and District - Gondia
(Maharashtra State). .. NON-APPLICANT
..........
Shri A.N. Ansari, Advocate for Applicants,
Shri V.P. Maldhure, APP for Non-Applicant.
..........
CORAM : B.R. GAVAI AND
KUM. INDIRA JAIN, JJ.
DATED : MARCH 15, 2017.
::: Uploaded on - 17/03/2017 ::: Downloaded on - 18/03/2017 00:54:45 ::: APL 156.17.odt 2 ORAL JUDGMENT : (Per : B.R. GAVAI, J.) Rule. Rule is made returnable forthwith. Heard by consent.
2] Applicants, who are husband and wife, have approached this court praying for quashing and setting aside of First Information Report No.138 of 2014 registered by City Police Station, Gondia for the offence punishable under Sections 498-A, 406, 323 and 506 read with 34 of the Indian Penal Code.
3] Applicants were married to each other on 8.2.2012. However, it appears that soon after the marriage, their arose differences between them in the year 2014 and they resided differently.
4] The aforesaid F.I.R. came to be lodged by applicant no.2 against applicant no.1 on account of said matrimonial dispute. However, subsequently the matter between the applicants has been settled and both of them have resolved to give an end to their relationship on the terms and conditions settled between them. Accordingly, an ::: Uploaded on - 17/03/2017 ::: Downloaded on - 18/03/2017 00:54:45 ::: APL 156.17.odt 3 application for grant of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 has also been filed before the Civil Judge, Senior Division, Gondia. 5] Applicants are personally present in the court and they reiterate about the settlement. 6] The Apex Court in the case of B.S. Joshi and others .vs. State of Haryana and another, reported in (2003) 4 SCC 675 has held that if the matrimonial dispute has been settled between the parties, this court can exercise powers under Section 482 of the Code of Criminal Procedure to quash and give an end to the criminal proceedings. We find that the present case is a fit case where this court should exercise powers under Section 482 of the Code of Criminal Procedure and give an end to the criminal proceedings.
7] We find that in order to enable the parties to live peacefully and with harmony in life, it is in the interest of justice to give an end to the criminal proceedings pending between them.
::: Uploaded on - 17/03/2017 ::: Downloaded on - 18/03/2017 00:54:45 ::: APL 156.17.odt 4 8] In that view of the matter, Rule is made absolute in terms of prayer clause (i).
(Kum. Indira Jain, J.) (B.R. Gavai, J.) .........
Gulande, PA ::: Uploaded on - 17/03/2017 ::: Downloaded on - 18/03/2017 00:54:45 :::