1 jg.apl 685.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 685 of 2017
Applicants : (1) Mr. Abhay Baban Chandpurkar,
Age 37 years, Occupation - Business,
(2) Mr. Baban Chandpurkar,
Age 65 years, Occupation - Household,
(3) Sau. Manjusha Baban Chandpurkar,
Age 60 years, Occupation - Household,
All R/o. 7/5, MIG Housing Board
Colony, Trimurty Nagar, Nagpur,
Dist. Nagpur.
(4) Sau. Neeta Sabhyasachi Rao,
Age 43 years, Occupation - Housewife,
R/o. Park Street, Kolkata, West Bengal.
(5) Ku. Ruchira Chandrashekhar Khedikar
(maiden name)
(Sau. Prajakta @ Ruchira Abhay
Chandpurkar), Age 31 years, Occ. - Nil,
R/o. C/o. Akshay Khedikar,
Main Road Lakhani, Police Station
Lakhani, Taluka Lakhani,
Dist. Bhandara.
// Versus //
Non Applicants :- (1) State of Maharashtra,
Through Police Station Officer,
Police Station Pratap Nagar, Nagpur.
(2) State of Maharashtra
Through its Police Station Officer,
Police Station Lakhani,
Dist. Bhandara.
Shri R. R. Vyas, Advocate for the applicant nos. 1 to 4
Shri G. S. Gour, Advocate for the applicant no. 5
Shri M. K. Pathan, Additional Public Prosecutor for the non-applicants
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2 jg.apl 685.17.odt
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 14-11-2017.
ORAL JUDGMENT (Per : R. K. DESHPANDE, J.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.
2. The applicant no. 1 and applicant no. 5 are the husband and wife. There was a matrimonial dispute between them which ultimately culminated into passing of decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act in favour of the wife which has attained the finality.
3. The matter is subsequently settled between the applicant nos. 1 to 4 and the applicant no. 5. Learned counsels appearing for the applicants submit that the applicant no. 1 Abhay Baban Chandpurkar, husband is personally present before the Court. Learned counsels further submit that the applicant no. 5 Ruchira Chandrashekhar Khedikar (maiden name) (Sau. Prajakta @ Ruchira Abhay Chandpurkar) is also personally present before this Court. We have asked both the parties as to whether the settlement arrived at between them is acceptable to them.
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3 jg.apl 685.17.odt Both of them expressed that by consent they have decided to get the proceedings in question quash and set aside. The wife has received the amount of Rs. 12,75,000/- and has also received the articles as per the list enclosed. She has no grievance about the applicant nos. 1 to 4. In view of this we do not find any purpose in keeping the proceedings instituted by the applicant no. 5 against the applicant nos. 1 to 4 who have consciously decided to get the proceedings quashed and set aside.
4. In view of the above, the application is allowed in terms of prayer clauses (a), (b) and (c). The applicant no. 5 has undertaken to withdraw the proceedings filed under Section 125 of the Code of Criminal Procedure pending in the Court of the Judicial Magistrate First Class, Lakhani, District Bhandara unconditionally. If the proceedings are not withdrawn within a period of one month from today, the trial Court shall treat that the proceedings are set aside by this Court.
JUDGE JUDGE
wasnik
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