Bombay High Court
Sunil S/O Rambhau Gabhane vs State Of Maharashtra, Through ... on 29 March, 2016
Bench: B.R. Gavai
cri..apl.848.15
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
CRIMINAL APPLICATION NO. 848/2015
Sunil s/o Rambhau Gabhane
Aged 35 years, occu: Private Service
R/o Umrer Road,
Dighori, Nagpur. ig ... ...APPLICANT
v e r s u s
1) State of Maharashtra
Through Police Station Officer
Ramnagar Police Station
Chandrapur.
2) Mrunalini Sunil Gabhane
Aged 30 years, occu; Household
R/o C/o Ashok Deshmukh
Sukhsagar Apartment
Tukum, Chandrapur. ... ...RESPONDENTS
...........................................................................................................................
Mr. S.D.Khati, Advocate for applicant
Mr. V. A.Thakre, APP for non-applicant no.1
Mr. H.N. Potbhare, Advocate for non-applicant no.2
............................................................................................................................
CORAM: B.R.GAVAI &
Mrs. SWAPNA JOSHI, JJ.
DATED : 29th March, 2016
cri..apl.848.15
ORAL JUDGMENT : (Per B.R.Gavai, J.)
1. Rule. Rule made returnable forthwith. Heard by consent.
2. The applicant has approached this Court for quashing and
setting aside the First Information Report No. 65/2014 and consequential
Regular Criminal Complaint No. 376/2014 pending before the 8th Judicial
Magistrate, First Class, Chandrapur.
3. The applicant and non-applicant No.2 were married to each
other on 14th June, 2012. However, it appears that a dispute arose between
the applicant and non-applicant no.2 in the year 2014. As a consequence
thereof, First Information Report No. 65/2014 came to be registered against
the present applicant and his relatives for the offence punishable under
Section 498A, 504, 506 and 34 of the Indian Penal Code along with Sections
3 and 4 of the Dowry Prohibition Act. After completion of investigation,
the charge-sheet came to be filed.
4. The non-applicant No. 2 had also filed proceedings under the
Domestic Violence Act at Chandrapur vide Criminal Complaint No.44/2014.
During pendency of those proceedings, the matter was amicably settled by
the applicant and non-applicant No.2. They have accordingly filed an
cri..apl.848.15
Application under section 13-B of the Hindu Marriage Act for dissolution of
their marriage, by mutual consent.
5. It could thus be seen that the applicant as well as non-applicant
No. 2 have mutually agreed to give an end to their relationship. The amount,
as agreed, has already been deposited by the applicant in the Court of the
learned Civil Judge, Senior Division, Chandrapur.
6.
The Hon'ble Apex Court in the case of B.S. Joshi and others
vs.State of Haryana and another : (2003) 4 SCC 675, has held that when
the parties settle their matrimonial dispute amicably, this Court could exercise
its powers under section 482 of the Cr.P.C. to give an end to the dispute.
The applicant and non-applicant No.2 are personally present in the Court
today. They reiterate about their settlement of the matter.
7. In that view of the matter, Rule is made absolute in terms of
prayer clause of (i) of the Application. No order as to costs.
JUDGE JUDGE
sahare
