1 apl781.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 781 OF 2017
1] Dr. Avinash Govind Sharma,
Aged about 47 years, Occ. Doctor -
Medical Practice, R/o. Plot No.10,
Jayanti Villa-1, Radha Krishna Apartment,
Manish Nagar, Nagpur.
2] Dr. Mrs. Pompy w/o. Avinash Sharma,
aged about 33 years, Occ. Student,
R/o. Plot No.10, Jayanti Villa-1,
Radha Krishna Apartment,
Manish Nagar, Nagpur. ...... APPLICANTS
...VERSUS...
State of Maharashtra,
Through P.I. Sonegaon
Police Station, Nagpur ...... RESPONDENT
-------------------------------------------------------------------------------------------
Shri P. Mohgaonkar, Advocate for applicant No.1
Smt. Renuka S. Sirpurkar, Advocate for applicant No.2
Shri A.M.Deshpande, APP for Respondent
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th DATE : 15 NOVEMBER, 2017 .
ORAL JUDGMENT (Per M.G.Giratkar, J.) Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] By the present application, both the applicants, husband and wife, prayed to quash and set aside First ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:46:37 ::: 2 apl781.17.odt Information Report lodged by applicant No.2 against the applicant No.1 in Police Station Sonegaon and also prayed to quash and set aside Regular Criminal Case No. 301049 of 2015 pending in the Court of Judicial Magistrate, First Class Court No.8, Nagpur, instituted by Police Station Sonegaon on the report of applicant No.2.
3] Today, both the applicants are present before the Court with their respective counsels. We have heard both the applicants in person. Both the applicants submitted that they have settled the matter as per the compromise taken place before the Mediator. The copy of the settlement is filed on record at page 74. It is dated 3 rd November, 2017. As per clause (b) of the said agreement, the applicant no.2 agreed to withdraw the proceedings pending against the applicant No.1 for the offence punishable under Section 498-A of Indian Penal Code. As per the said agreement, the applicant No.1 has to deposit Rs.50,00,000/- before the Family Court, Nagpur. There is no dispute that applicant No.1 has deposited Rs.50,00,000/- in the Family Court at Nagpur.
4] As the husband and wife have settled their
::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:46:37 :::
3 apl781.17.odt
dispute, the complainant-wife do not want to proceed further, there will not be any possibility of conviction. Hence, in view of the decision of the Hon'ble Apex Court in case of Gian Singh vrs. State of Punjab, reported in (2012) 10 SCC 303, keeping the matter pending will be abuse of process of Court and therefore, the application will have to be allowed. 5] In the result, the application is allowed in terms of prayer clauses (i) and (ii). Regular Criminal Case No. 301049 of 2015 pending before the Judicial Magistrate, First Class Court No.8, Nagpur against the applicant No.1 for the offence under Sections 498-A, 504, 506(2) and 323 of Indian Penal Code is hereby quashed and set aside. The applicant No.2 is at liberty to withdraw the amount of Rs.50,00,000/- deposited by applicant No.1 in the Family Court, Nagpur.
Rule made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:46:37 :::