Bombay High Court
Sandeep S/O. Sitaram Khoje vs The State Of Maharashtra And Anr on 26 April, 2016
Bench: R.M. Borde
Cr.Appln.1176/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1176/2016
Sandeep s/o Sitaram Khoje,
age 30 yrs., occu.agri.,
r/o c/o Tarachand Jadhav,
Sai Ishwar Sankulan, Plot
ig No.23/C/B, Renuka Mata Mandir,
Aurangabad.
...Applicant..
Versus
1] The State of Maharashtra.
2] Sarita w/o Sandeep Khoje,
age 24 yrs., occu.household,
r/o Rohila Gad Tq.Ambad Dist.Jalna.
...Respondents...
.....
Shri R.A. Jaiswal, Advocate for applicant.
Shri S.Y. Mahajan, APP for respondent no.1.
Shri N.R. Dayama, Advocate for respondent no.2.
.....
CORAM: R.M. BORDE &
P.R. BORA, JJ.
DATE: 26.04.2016
ORAL JUDGMENT (Per Borde, J.) :
Cr.Appln.1176/16
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1] Heard learned counsel for the parties. Rule.
Rule made returnable forthwith. With the consent of
learned counsel for the parties, the petition is taken up
for final disposal at the admission stage.
2] This is an application for quashment of the
proceedings initiated against the applicant in pursuance
to criminal proceedings in the form of Sessions Case
NO.425/2011 pending before the learned Additional
Sessions Judge, Aurangabad, u/s 498-A and 307 of the
Indian Penal Code. The respondent no.2-wife has alleged
in the first information report that her marriage with
the applicant - husband took place on 26.1.2011. The
applicant - husband, who was employed in Pepsico company
at MIDC, Paithan, treated the complainant properly for
about 3 to 4 months, however, thereafter he started ill-
treating her. She was required to leave the matrimonial
home and join the company of her parents at Akhatwada
Tq.Paithan. It is alleged that on 3.7.2011, her mother
Shashikalabai reached her to her husband's home in
pursuance to the mediation by certain relatives with a
view to keep intact the matrimonial tie. It is further
contended that some altercation took place between the
Cr.Appln.1176/16
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husband and wife and on 5.7.2011, the husband poured
kerosene on her person and ignited her with the match-
stick. She sustained burn injuries. On hearing the
shouts, the landlord and his wife reached the spot and
tried to extinguish the fire. The husband reached the
Police station and informed the Police about the
incident. She was admitted to the Government hospital at
Paithan for further treatment. It is informed that in
pursuance to the information lodged, Police conducted
investigation and submitted the charge-sheet to the Court
of Judicial Magistrate, First Class, Paithan. The case
being triable by the Court of Sessions, has been
committed to the Court of Sessions at Aurangabad and the
trial is stated to be pending.
3] During the pendency of the trial, the husband
and wife have settled their differences and have
presented the petition seeking divorce by mutual consent
u/s 13(B) of the Hindu Marriage Act. The wife has also
agreed to withdraw the charges leveled by her against her
husband. The respondent no.2 - wife has caused
appearance and has presented an affidavit stating therein
that the parties have decided to amicably settle the
Cr.Appln.1176/16
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dispute and put an end to the litigation. The affidavit
is taken on record and marked as Exhibit X for
identification. Shri A.M. Gaike, learned Advocate,
identifies the respondent no.2 - complainant and has put
his signature on the affidavit.
4] We have also perused the injury certificate
issued by the Medical Officer, Health Unit, Paithan. It
is reported that the burn injury suffered by the wife is
on right side of back over scapular region admeasuring 8
x 8 cm. The percentage of burns is stated to be 2 to 4%.
The nature of injury is certified as simple.
5] Considering the nature of injury caused to the
respondent no.2 - complainant and taking note of the fact
that the parties have decided to put an end to the
litigation and have also settled their matrimonial
dispute, we do not see any difficulty in directing
quashment of the criminal proceedings. It is also to be
taken note of the fact that even otherwise since the
parties have decided to settle the differences amicably,
the trial pending in the Court of Sessions is also not
likely to result into conviction of the applicant.
6] In view of the ratio laid down by the Supreme
Cr.Appln.1176/16
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Court in the matters of Narinder Singh v. State of Punjab
(2014) 6 SCC 466 and Gian Singh v. State of Punjab (2012
AIR SCW 5333), according to us, this is a fit case for
granting indulgence in the matter and direct quashment of
the criminal proceedings.
7] The criminal application is thus allowed.
Criminal proceedings pending in the nature of Sessions
Case No.425/2011 before the learned Additional Sessions
Judge-5, Aurangabad, for offences punishable u/s.498-A
and 307 of the Indian Penal Code stand quashed and set
aside. Rule is made absolute accordingly.
(P.R. BORA, J.) (R.M. BORDE, J.)
ndk/cr2641639.doc
