Gurpreet Singh S/O Harminder ... vs State Of Maharashtra, Through ...
2016 Latest Caselaw 1587 Bom

                                                                                                                 wp.916.14
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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT NAGPUR, NAGPUR.




                                                                                     
                                                                ...

CRIMINAL WRIT PETITION NO. 916/2014 WITH MISC.CRIMINAL APPLICATION NO.57/2016

1) Gurpreet Singh s/o Harmindar Singh Saini Aged about 37 years, occu: service R/o Flat No. B-106, Swapna Sankul Sr. No. 44B, 44/A/1 Rahatnigaon, Pune.

    2)        Sau.  Rajinder Kaur Saini  w/o
                                         
              Harmindar Singh Saini
              Aged about 54 years, occu : Household
              R/o Plot No.25,  Opp: Don Bosco School
                                        
              Mankapur, Nagpur.                                                                    ..PETITIONERS

                         v e r s u s

    1)        State of  Maharashtra
       


              Through   Police Station officer,
              Koradi   Police Station, Nagpur.
    



    2)         Ranveet Kaur  w/o Gurpreet Singh Saini
               Aged about  35 years, occu; not known






               Mohali Punjab.                                        ..                             ...RESPONDENTS

...........................................................................................................................

Mr. A.K.Neware, Advocate for petitioners Mr. T.A. Mirza, A.P.P. for Respondent no.1-State Mr. Mahesh Rai, Advocate for Respondent no.2 ............................................................................................................................

                                                        CORAM:    B.R. GAVAI &
                                                                       Mrs. SWAPNA  JOSHI,JJ . 
                                                        DATED :        16th   April, 2016

JUDGMENT: (PER MRS. SWAPNA JOSHI, J.)

Heard learned counsel for the rival parties.

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2. The petitioners have approached this Court for

quashing the proceedings vide First Information Report No.

113/2014 dated 18.06.2014 registered for the offence punishable

under Sections 376B, 417 and 120B of the Indian Penal Code

against the petitioner nos. 1 and 2 at Koradi Police Station.

3. The petitioner no.1 and respondent no.2 are legally

wedded husband and wife. Their marriage was solemnised on

23.1.2011 at Mohali (Punjab),as per the Sikh rites and ceremonies.

4. Soon after the marriage, differences arose between the

parties but, with the assistance of relatives and friends, the matter

has been amicably settled.

5. The petitioner no.1 and respondent no.2 have filed a

Compromise Deed along with affidavit of respondent no.2, in

order to keep harmony in the society, which are taken on record

and marked 'X' and 'X-1' for identification respectively.

6. The petitioner no.1 and respondent no.2 are present

before the Court and they reiterate about the settlement.

7. The Hon'ble Apex Court in the case of B.S. Joshi and

others vs. State of Haryana and another: (2003) 4 SCC 675

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has held that if the matrimonial dispute has been settled between

the parties, this Court can exercise the powers u/s. 482 of the

Cr.P.C. to quash and give an end to the criminal proceedings.

8. Since in the present case, the matter has been

amicably settled between the parties and they have decided to

separate, in the interest of justice, this Court should exercise the

powers u/s 482 of Cr.PC. and give an end to the criminal

proceedings.

9. In view thereof, Criminal Writ Petition is allowed. Rule

is made absolute in terms of prayer clause (i) of the Petition.

10. No separate orders are required on Misc. Criminal

Application No.57/2016. The same is disposed of.

                     JUDGE                             JUDGE

    sahare