Bombay High Court
Mahesh S/O Vithalrao Akolkar And ... vs State Of Maharashtra Through Its ... on 14 March, 2016
Bench: B.R. Gavai
45-apl-912-15 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.912 OF 2015
1. Mahesh s/o Vithalrao Akolkar
Aged about 35 years, Occ. Service,
R/o Ward No.2, C/o Shri Deorao Butle,
Khaperkheda, Tah. Saoner, Dist. Nagpur.
2. Sudhir s/o Dinkar Dharmale
Aged about 46 years, Occ. Service
R/o Ekvira Vidyut Colony, Area,
Vidyut Nagar, Navsari, Tq and Dist. Amravati.
3. Surekha w/o Sudhir Dharmale
Aged about 38 years, Occ. Household
R/o Ekvira Vidyut Colony, Area,
Vidyut Nagar, Navsari, Tq and Dist. Amravati.
4. Sangeeta w/o Pralhad Karade
Aged about 41 years, Occ. Household,
R/o Gajanan Nagar, Dabki Road, Akola,
Tq. And Dist. Akola.
5. Pralhad s/o Ramrao Karade
Aged about 48 years, Occ. Service,
R/o Gajanan Nagar, Dabki Road, Akola,
Tq. And Dist. Akola.
6. Vitthalrao s/o Pundlikrao Akolkar
Aged about 67 years, Occ. Retired
R/o Nibandhe Plot, Jatharpeth,
Akola, Tq. & Dist. Akola.
7. Vandana wd/o Dilip Akolkar
Aged about 35 years, Occ. Service
R/o Nibandhe Plot, Jatharpeth,
Akola, Tq. & Dist. Akola.
8. Nisha w/o Mahesh Akolkar
Aged about 28 years. Occ. Nil
R/o Dwangepura, Nandura,
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45-apl-912-15 2/3
Tah. Nandura, Dist. Buldhana. ... Applicants.
-vs-
State of Maharashtra,
Through its Police Station Officer,
Police Station Nandura, Tahsil-Nandura,
Dist. Buldhana. ... Respondent.
Shri Dhiraj Jain, counsel for applicant Nos.1 to 7.
Shri A. M. Gedam, counsel for applicant No.8.
Shri M. J. Khan, APP for the State.
ig CORAM : B. R. GAVAI &
A.S.CHANDURKAR JJ.
DATE : MARCH 14, 2016
Oral Judgment : (As per B. R. Gavai, J.)
Rule. Rule made returnable forthwith. Heard finally with
consent of learned counsel for the parties.
By the present application, the applicants have jointly approached
this Court for quashing and setting aside F.I.R No.85 of 2013 and
consequential Charge Sheet No.118 of 2013. The applicant No.1 and
applicant No.8 were married to each other on 28/06/2012. It appears that
immediately after the marriage, the relationship between the parties became
sour as a consequence of which the F.I.R came to be registered. After the
investigation, charge sheet came to be filed.
2. The present application is a joint application filed by the applicant
No.1-husband and applicant No.8-wife. Rest of the applicants are the
45-apl-912-15 3/3
relatives of applicant No.1-husband. It appears that the dispute between the
parties was sent for mediation. The mediation has been successful and the
parties have arrived at agreement which is recorded by the learned Mediator
on 09/07/2015. One of the clauses in the agreement provides for giving an
end to the criminal proceedings between the parties.
3. The Apex Court in the case of B. S. Joshi And Ors. Vs. State of
Haryana & Anr. reported in (2003) 4 SCC 675 has held that if the parties
arrive at settlement in a matrimonial dispute, then the Court should exercise
powers under Section 482 of the Criminal Procedure Code to give an end to
the criminal proceedings. The applicant No.1 and 8 are personally present in
the Court. They are identified by their learned counsel. The applicant Nos.1
and 8 reiterate about the settlement arrived between them.
4. In that view of the matter, we find that this is a fit case to exercise
powers under Section 482 of the Criminal Procedure Code to give an end to
the criminal proceedings in terms of agreement of settlement arrived at
between the parties.
Rule is therefore made absolute in terms of prayer clause (b). No
order as to costs.
JUDGE JUDGE
Asmita
