Kartik S/O Ramesh Borikar And ... vs State Of Maharashtra, Thr. P.S.O. ...
2016 Latest Caselaw 4169 Bom

                                           1                  APL456-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                 CRIMINAL APPLICATION (APL) NO.456/2016
                                   ...




                                                  
    1. Kartik Ramesh Borikar,
       Aged about 33 years,
       Occ: Business, R/o 44,
       Ambazari Layout,
       Nagpur 440 033.




                                               
    2. Smt. Anagha w/o Kartik Borikar,
                             
       Aged about 29 years,
       Occ: Service,
       R/o A-1/501, Mahalaxmi Nagar,
       Opp. RMD Institute, Warje,
                            
       Pune- 411052.                              ..             APPLICANTS


                                   .. Versus ..
      


    State of Maharashtra,
   



    through its Police Station Officer,
    Ambazari Police Station, Nagpur.              ..         NON-APPLICANT





    Mrs. A.K. Shukul, Advocate for Applicant No.1.
    Mr. R.S. Kalangiwale, Advocate for Applicant No.2.
    Mr. C.A. Lokhande, APP for Non-applicant.

                                   ....





                  CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : July 26, 2016.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

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2. By way of present application, the applicant-original

complainant and the accused have jointly approached this Court for

quashing the First Information Report No. 30/2016 registered with

Ambazari Police Station.

3. The first information report was lodged by applicant no.1-

the husband against his wife-applicant no.2 alleging therein that

one forged document was executed by applicant no.2.

4. It appears that after the applicants were married on

18.11.2010 and after they were blessed with a daughter, there

arose differences between them and their relations have been

irretrievably broken. It further appears that on account of

matrimonial discord, certain complaints were lodged by each of

them against the other one.

5. However, it appears that now the matter has been

amicably settled and they have decided to give an end to their

relationship under the terms and conditions mutually agreed by

them.

6. The Apex Court in the case of B.S. Joshi and others

.vs. State of Haryana and another reported in AIR 2003

Supreme Court 1386 has held that if the parties have resolved to

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settle their matrimonial dispute, the Court should give an end to

the criminal proceedings. We find that this a fit case wherein this

Court should exercise discretion under Section 482 of the Code of

Criminal Procedure to give an end to the criminal proceedings

between the parties.

7. In that view of the matter, Rule is made absolute in

terms of prayer clause (1).

(V.M. Deshpande, J. ) (B.R. Gavai, J.)

...

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                                   Certificate




                                                                              

I certify that this judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : R.G. Halwai, Uploaded on : 28.07.2016