Bombay High Court
Prashant S/O Dattatraya Sontakke ... vs State Of Maharashtra, Thr. P.S.O. ... on 15 July, 2016
Bench: B.R. Gavai
1 apl434.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.434 OF 2016
1. Prashant s/o. Dattatraya Sontakke,
Aged about 40 years, Occ. Nil.
2. Suchita Suresh Waradhe,
Aged about 43 years, Occ. Household.
3. Shobhatai Dattataraya Sontakke,
Aged about 71 years, Occ. Household.
Nos. 1 to 3 r/o. Samadhi Ward,
Gond Raja Wada, Chandrapur, Tah.
and Distt. Chandrapur. .......... APPLICANT
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Koradi,
Nagpur.
2. Bharti Prashant Sontakke,
Aged about 34 years, Occ.Nil,
r/o. C/o. Babanrao Yetekar,
Opp. Godhni Petrol Pump,
Godhni, Tah. and Distt.Nagpur. ........... RESPONDENTS
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Mr.P.J.Mehta, Adv. for the Applicants.
Mr.V.A.Thakare, A.P.P. for respondent no.1/State.
Mr.Rakesh Waghmare, Adv. for respondent no.2.
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CORAM : B. R. GAVAI &
V. M. DESHPANDE, JJ.
DATE : 15.7.2016.
ORAL JUDGMENT (Per V.M.Deshpande, J) :
1. Rule. Rule made returnable forthwith. Heard finally by
the consent of the parties.
2. Present Criminal Application is filed by the applicants
who are husband and relatives of non-applicant no.2. Non-applicant
no.2 filed First Information Report bearing F.I.R. No.168 of 2013 on
28.9.2013 in Police Station, Koradi, on the basis of which offence
punishable under Section 498-A r/w. 34 of the Indian Penal Code
was registered against the present applicants. The Investigating
Officer has also filed final report under Section 173 of the Code of
Criminal Procedure in the Court of Judicial Magistrate, First Class
Court No.6, Nagpur vide Chargesheet No.140 of 2014 on 7.7.2014.
As per the F.I.R., marriage between applicant no.1 and non-applicant
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no.2 was solemnized on 25.6.2007. However, after a period of two
years, according to the statements made in the F.I.R., there was a
discord in between the couple resulting into filing of the present
F.I.R.
3. During pendency of the present application, the parties -
namely the husband and the wife, have settled their dispute
amicably. It is stated on their behalf that they have decided to part
their ways. In that behalf, they have filed petition for mutual divorce
before the Civil Judge (Sr.Dn.), Nagpur.
4. Applicant No.1 and non-applicant no.2 are personally
present in the Court. They are identified by their respective Counsel.
Both of them reiterate that they have decided to part their ways. In
that view of the matter and in view of the dictum laid down by the
Hon'ble Apex Court in the case of B.S.Joshi and Others vs. State of
Haryana and another reported in (2003) 4 SCC 675 holding that if
the matrimonial dispute has been settled between the parties, this
Court can exercise powers under Section 482 of the Criminal
Procedure Code to quash and give an end to the criminal
proceedings, we find that the present case is a fit case where this
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Court should exercise inherent powers under Section 482 of the
Code of Criminal Procedure. In that view of the matter, the
application is allowed in terms of prayer clause (a) of the Criminal
Application.
JUDGE JUDGE
*jaiswal
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CERTIFICATE
I certify that this Judgment uploaded is a true and correct copy
of original signed Judgment.
Uploaded by : Jaiswal, P.S. Uploaded on :18.7.2016.
