1 jg.apl 705.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 705 of 2017
Applicants : (1) Praful S/o Giridhar Nimkar
Age about :- 28 Yrs, Occ :- Private
(2) Giridhar S/o Narayan Nimkar
Age about :- 57 Yrs, Occ :- Service
(3) Sau. Manda W/o Giridhar Nimkar
Age about :- 45 Yrs, Occ :- Household
(4) Kunal S/o Giridhar Nimkar
Age about :- 28 Yrs, Occ :- Private
Applicants No. 1 to 4 are the
R/o, Plot No. 441, Hiwari Lay-out,
Nagpur.
(5) Subhash S/o Vishwanathji Yewale,
Age about 34 Yrs, Occ :- Private,
(6) Sau. Sonu @ Jyoti w/o Subhash Yewale
Aged about 31 Yrs, Occ :- Household
(7) Sachin S/o Vishwanathji Yewale
Age about 32 Yrs, Occ :- Private,
(8) Sau. Yogita w/o Sachin Yewale
Aged about 26 yrs, Occ-Household,
Applicants No. 5 to 9 are the
R/o, Nari, Uppalwadi, Nagpur.
// Versus //
Non Applicants :- (1) State of Maharashtra
Through P.S.O. Nandanwan,
Nagpur.
(2) Sau. Roshani W/o. Praful Nimkar
Age about :- 24 Yrs, Occ : Private,
R/o, Ashirwad Balding Ward
No. 5 Punarvashan Buttibori
Dist. Nagpur.
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2 jg.apl 705.17.odt
Shri N. S. Giripunje, Advocate for the applicants
Shri V. P. Gangane, Additional Public Prosecutor for the non-applicant
no. 1
Shri V. D. Raut, Advocate for the non-applicant no. 2
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 7-11-2017.
JUDGMENT (Per : M. G. GIRATKAR, J.)
Rule. Rule made returnable forthwith.
2. The applicants have prayed to quash and set aside the criminal proceedings bearing Regular Criminal Case No. 2718/2017 arising out of Crime No. 27/2017 registered by the non-applicant no. 1 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code against the applicants and pending for trial before the Judicial Magistrate First Class, Court No. 1, Nagpur.
3. It is submitted that the applicant no. 1 married with non- applicant no. 2 on 3-1-2016. Due to some dispute, the non-applicant no. 2 lodged report against all the applicants in Police Station, Butibori, Nagpur for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code. As the jurisdiction came in Nandanwan Police Station, the report was forwarded to the Police Station, .....3/-
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3 jg.apl 705.17.odt Nandanwan, Nagpur. Police filed charge-sheet against the applicants and it is registered as Regular Criminal Case No. 2718/2017 pending before the Judicial Magistrate First Class, Court No. 1, Nagpur.
4. The applicant no. 1 filed petition for divorce before the Family Court at Nagpur. Thereafter matter was referred for mediation and parties have amicably settled the matter. As per the terms of settlement, the applicant no. 1 and non-applicant no. 2 are ready to dissolve their marriage. The applicant no. 1 paid maintenance amount of Rs. 5,00,000/- to the non-applicant no. 2. In view of the settlement, the applicants prayed to quash and set aside the proceedings arising out of Crime No. 27/2017 registered by the non-applicant no. 1.
5. Today, the applicant no. 1 and wife/non-applicant no. 2 are present before the Court with their respective counsels. We have asked the non-applicant no. 2. She has stated before us that she has settled the matter before mediator as per the terms and conditions reduced into writing which is filed on record at Annexure-B. She has received amount of Rs. 5,00,000/- as per the settlement. She has stated before us that due to misunderstanding, she lodged report against the applicants, therefore, she prayed to quash and set aside the criminal proceedings arising out of Crime No. 27/2017 registered by the non-applicant no. 1 on her .....4/-
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4 jg.apl 705.17.odt complaint.
6. After hearing both the parties, it is clear that matter is settled by the complainant/non-applicant no. 2. No fruitful purpose will be served by keeping the case pending. In view of the judgments of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303 and in Criminal Appeal No. 1723 of 2017 [arising out of SLP (CRL) No. 9549 of 2016] in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and ors. Vs. State of Gujarat and anr. decided on 4-10-2017, criminal proceedings arising out of Crime No. 27/2017 registered by the non-applicant no. 1 and pending before the Judicial Magistrate First Class, Court No. 1, Nagpur is liable to be quashed and set aside. In the result, we pass the following order :
(i) The criminal application is allowed in terms of prayer clause (1) and we quash and set aside Regular Criminal Case No. 2718/2017 arising out of Crime No. 27/2017 registered by the non-applicant no. 1 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code against the applicants and pending for trial before the Judicial .....5/-
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5 jg.apl 705.17.odt Magistrate First Class, Court No. 1, Nagpur.
(ii) No order as to costs.
(iii) Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
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