Gaurav Ramesh Maheswari And ... vs The State Of Maharashtra, Thr. ...
2016 Latest Caselaw 2265 Bom

                                                                         apl331.16


                                            1




                                                                           
                                                   
                                                  
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR




                                          
                  Criminal Application [APL] No. 331 of 2016



     1.
                             
             Gaurav Ramesh Maheswari,
             aged 32 years,
                            
             occupation business,

     2.      Ramesh Madanlal Maheswari,
             aged 53 years,
             occupation business,
      


     3.      Smt. Uma Ramesh Maheswari,
   



             aged 50 years,
             occupation - business,

     4.      Mss Khushboo Maheswari,





             aged 28 years,
             occupation - business,

             all residents of Shreeram Market,
             Sevoke Road, Siliguri,
             PO & PS Siliguri,





             Distt. Darjeeling,
             Pin Code 734 001.                        .....      Applicants.


                                          Versus


     1.      State of Maharashtra,




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                                                                             apl331.16


                                            2




                                                                              
                                                      
             through Police Station
             Officer,
             Police Station, Rajapeth,
             Amravati.




                                                     
     2.      Khushboo Garurav Maheshwari,
             aged 32 years,
             occupation - household,
             resident of C/o Vinod




                                          
             Bhartiya, 11-A,
             Meherbaba Colony,
                             
             Saturna, Amravati.           ....                    Respondents.


                                     *****
                            
     Mr. P.V. Navlani, Adv., for the applicants.

     Mrs. S.S. Jachak, Addl. Public Prosecutor for the respondent no.1.

     Mr. Oberoi, Adv., for respondent no.2.
      


                                           *****
   



                                   CORAM    :      B. R. GAVAI AND
                                                   MRS. SWAPNA S. JOHI, JJ.

Date : 04th May, 2016

ORAL JUDGMENT [Per B. R. Gavai, J.]:

01. Rule. Rule is made returnable forthwith. Learned Additional

Public Prosecutor Mrs. S.S. Jachak, waives service for respondent no.1,

and learned Adv. Mr. Oberoi, for respondent no.2. Heard learned

counsel for the rival parties. By consent of rival parties, this Criminal

apl331.16

Application is taken up for final hearing and disposed of by this

Judgment and Order.

02. The Applicants are before this Court with a request to quash

and set aside the First Information Report bearing No. 610/15

registered by respondent no.1 - Police Station Officer, Rajapeth Police

Station, Amravati, against the applicants, for offence punishable under

Section 498-A, Indian Penal Code.

03. The Applicant No.1 and the respondent no.2 were married to

each other on 24th July, 2015. The rest of the applicants are the

relatives of Applicant No.1.

04. It appears that soon after the marriage, the relations

between the applicants and the respondent no.2 became strained. On

account of the said strained relationship, First Information Report for

offence punishable under Section 498-A, Indian Penal Code, came to

be lodged.

05. It appears that during the pendency of the criminal

proceedings, the parties have realized that it is not possible for them

to reside together and they all have decided to give an end to their

apl331.16

relationship and accordingly the Petition under Section 13-B of the

Hindu Marriage Act, for divorce by mutual consent, is also filed.

06. The Apex Court in the case of B.S. Joshi & others Vs.

State of Haryana & another [ (2003) 4 SCC 675] has held that when

the parties have settled their matrimonial dispute, this Court should

exercise powers under Section 482, Criminal Procedure Code, to give

an end to the criminal proceedings.

07. Rule is, therefore, made absolute in terms of Prayer Clause

[a].

               Judge                                                   Judge
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