APL 517/17 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) No. 517/2017
1. Amol s/o Ishwar Sonekar,
aged about 30 yrs. Occ. Private,
R/o Post Chargaon, Tah. Warora, Dist. Chandrapur.
2. Shri Ishwar s/o Anandrao Sonekar,
aged about 65 years, Occ. Business,
R/o Chargaon, Tah. Varora, Dist. Chandrapur.
3. Sau.Vatsala Ishwar Sonekar,
aged about 60 years, Occ. Business,
R/o Chargaon, Tah. Varora, Dist. Chandrapur.
4. Sau.Vasantika Arvind Dhavas,
aged about 45 years, Occ. Housewife,
R/o Patwari Colony, Ganesh Nagar,
Varora, Tah. Varora, Dist. Chandrapur.
5. Shri Arvind Namdeo Dhavas,
aged about 50 years, Occ. Job,
R/o Patwari Colony, Ganesh Nagar,
Varora, Tah. Varora, Dist. Chandrapur.
6. Shubham s/o Arvind Dhavas,
aged about 21 years, Occ. Teacher,
R/o Patwari Colony, Ganesh Nagar,
Varora, Tah. Varora, Dist. Chandrapur.
7. Sau.Minakshi Gopal Bhusari,
aged about 40 years, Occ. Housewife,
Mainar Quarter, Sundarnagar Colony,
Taroda, Post.Punvat, Tah.Vani, Dist. Yavatmal.
8. Gopal Bhayaji Bhusari,
aged about 46 years, Occu. Job,
R/o Mainar Quarter, Sundarnagar Colony,
Taroda, Post.Punvat, Tah.Vani, Dist. Yavatmal.
9. Kishor Bhauro Pavade,
aged about 44 years, Occ. Job,
R/o Mainar Quarter, Sundarnagar Colony,
Taroda, Post.Punvat, Tah.Vani, Dist. Yavatmal. APPLICANTS
.....VERSUS.....
1. State of Maharashtra,
Through Police Station Officer,
Police Station Hinganghat, Dist.Wardha.
2. Sau.Nilam w/o Amol Sonekar,
aged about 23 years, Occ NIL,
R/o c/o Vithhal Diwanji Pawade,
New Yashwant Nagar, Master Colony,
Hinganghat, Dist. Wardha. NON-APPLICA
NTS
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APL 517/17 2 Judgment
Shri U.R. Phasate, Counsel for the applicants.
Ms T.Khan, Additional Public Prosecutor for the non-applicant no.1.
Shri Tejas Patil, counsel for the non-applicant no.2.
CORAM :SMT.VASANTI A NAIK AND
M.G. GIRATKAR, JJ.
DATE : 11 TH SEPTEMBER, 2017.
ORAL JUDGMENT (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 registered against the applicants for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of the Penal Code as also Regular Criminal Case No.98 of 2006 pending before the Court of Judicial Magistrate First Class, Hinganghat.
3. The applicant no.1 was married to the non-applicant no.2 on 27.05.2015. However, there were differences between the applicant no.1 and the non-applicant no.2 and they started residing separately since 19.07.2015. On 07.09.2015, the non-applicant no.2 lodged a report in the police station against the applicants for the offences punishable under ::: Uploaded on - 12/09/2017 ::: Downloaded on - 13/09/2017 01:54:16 ::: APL 517/17 3 Judgment Sections 498-A, 504, 506 read with Section 34 of the Penal Code. Certain matrimonial matter was also pending between the applicant no.1 and the non-applicant no.2 before the Family Court. On the basis of the report lodged by the non-applicant no.2, the first information report was registered against the applicant for the aforesaid offences. The matter between the parties before the Family Court was, however, compromised and the compromise pursis was filed before the Family Court at Nagpur on 13.06.2017. As per the deed of compromise, the non-applicant no.2 has agreed to accept a sum of Rs.4,00,000/- from the applicant no.1 towards full and final settlement. The non-applicant no.2 has undertaken to withdraw the proceedings filed by her against the applicants. The parties have sought to dissolve the marriage solemnized between them on 27.05.2015 by a decree of divorce, by consent. In this background, the applicants have filed this criminal application for quashing and setting aside of the first information report and the regular criminal case that is pending against the applicants for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of the Penal Code.
4. The applicants and the non-applicant no.2 are personally present in the Court, today. They state that the matters between them have been compromised in terms of the compromise-deed that is presented by the applicant no.1 and the non-applicant no.2 before the ::: Uploaded on - 12/09/2017 ::: Downloaded on - 13/09/2017 01:54:16 ::: APL 517/17 4 Judgment Family Court. The non-applicant no.2 has stated that she does not wish to proceed against any of the applicants as the parties have amicably settled the dispute and have filed the compromise pursis before the Family Court for seeking the decree of divorce on the terms and conditions mentioned in the deed of compromise.
5. On a reading of the statements made in the criminal application as also the compromise pursis filed before the Family Court and after talking to the parties that are personally present in the Court today, it appears that to secure the ends of justice, it would be necessary to quash and set aside the first information report registered against the applicants, as also the regular criminal case that is pending against them in pursuance of the registration of the first information report. We find that the parties have amicably settled the dispute between them and they have undertaken to withdraw the proceedings launched by them against each other. Hence, in the circumstances of the case, by applying the principles of law laid down in the case of Gian Singh Versus State of Punjab, reported in (2012) 6 SCC 303, it would be necessary to quash and set aside the first information report as well as the regular criminal case pending against the applicants, specially when the trial would not result in the conviction of the applicants, since the non-applicant no.2 is not ready to proceed against the applicants.
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APL 517/17 5 Judgment
6. Hence, for the reasons aforesaid, the criminal application is allowed. The first information report registered against the applicants, as also Regular Criminal Case No.98 of 2016 pending before the Judicial Magistrate First Class, Hinganghat are hereby quashed and set aside. Order accordingly.
JUDGE JUDGE
APTE
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