Bombay High Court
Sachin S/O Sudamrao Maske And ... vs State Of Maharashtra, Through ... on 26 February, 2016
Bench: Z.A. Haq
Judgment 1 wp49.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 49 OF 2016
1. Sachin S/o. Sudamrao Maske,
Aged about 34 years, Occu.: Service,
2. Sudam S/o. Atmaram Maske,
Aged about 66 years, Occu.: Retired,
3.
Sou. Meera W/o. Sudamrao Maske,
Aged about 62 years, Occu.: Housewife,
Petitioner Nos. 1, 2 and 3 are R/o. N-94,
Reshimbag, Nagpur.
4. Sau. Sangita W/o. Kishor Naukarkar,
Aged 42 years, Occupation : Service,
R/o. N-25, Reshimbag, Nagpur.
5. Gunawant S/o. Narayanrao Raghute,
Aged 39 years, Occupation : Business,
R/o. L-8/15, Raghuji Nagar, Nagpur.
.... PETITIONERS.
// VERSUS //
1. State of Maharashtra, through
Police Station Officer, Hudkeshwar
Police Station, Nagpur.
2. Sou. Mrunalini Sachin Maske,
Maiden Name : Mrunalini D/o.
Vasant Khond, Aged 31 years,
Occupation : Service, R/o. Plot No.15,
Satguru Saran Housing Society,
Near Ganesh Dham, Hudkeshwar Bujrug,
Hudkeshwar Road, Nagpur.
.... RESPONDENTS
.
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Judgment 2 wp49.16.odt
___________________________________________________________________
Shri D.N.Gowardhan, Advocate for Petitioners.
Shri A.K.Bangadkar, Advocate for Respondent No.1.
Shri Sachin Mishrikotkar, Advocate for Respondent No.2.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : FEBRUARY 26, 2016.
ORAL JUDGMENT :
1. Heard.
2. RULE. Rule made returnable forthwith.
3. The petitioners have approached this Court under Article 226
and 227 of the Constitution of India and under Section 482 of the Code of
Criminal Procedure praying that Criminal Case No. 3970 of 2012, initiated by
the State of Maharashtra against the petitioners for the offences punishable
under Sections 498-A r/w 34 of the Indian Penal Code be quashed. The
prosecution came to be initiated on the complaint made by the respondent
No.2.
4. The matter is amicably settled between the parties in mediation
before the trial Court. The petitioner No.1-Sachin Sudamrao Maske and the
respondent No.2-Ms Mrunalini Sachin Maske, identified by the respective
advocates, are present. The respondent No.2 has submitted that now she
has no grievance in the matter and she is not interested in the prosecution
initiated against the petitioners on her complaint.
Judgment 3 wp49.16.odt
5. The learned advocates have relied on the judgment given in the
case of Gian Singh Vs. State of Punjab, reported in (2012) 10 SCC 303 and
the judgment given by the Hon'ble Supreme Court in the case of Rajiv Saxena
Vs. State (NCT of Delhi), reported in (2012) 5 SCC 627 and have submitted
that in the above facts the prosecution pending before the trial Court may be
quashed.
Considering the facts on the record and the proposition laid
down in the above referred judgments, the proceedings of Criminal Case No.
3970 of 2012 pending before the learned Judicial Magistrate First Class,
Corporation Court No.2, Nagpur are quashed.
Rule is made absolute in the above terms. In the circumstances,
the parties to bear their own costs.
JUDGE
RRaut..
