Akash S/O Ghanshyam Bhagat And ... vs The State Of Maharashtra, Thr. ...
2016 Latest Caselaw 2272 Bom

                                                                            APL264.15


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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR
                   Criminal Application [APL] No.264 of 2015




                                                      
     1.      Prashant son of Nathuji Nibrad,
             aged about 38 years,
             occupation -private work,




                                          
     2.      Matsyagandha wife of Prashant Nibrad,
                             
             aged about 28 years,
             occupation - nil

             both residents of Sukali (Beldar),
                            
             Post Takalghat, Tq. Hingna,
             Distt. Nagpur.                              .....           Applicants.


                                          Versus
      
   



     State of Maharashtra,
     through Police Station Officer,
     Police Station, Maregaon,
     Distt. Yavatmal.                                  .....         Respondent.





                                     *****
     Mr. N.M. Kolhe, Adv., for the Applicants.
     Mr. S.B. Ahirkar, Addl. Public Prosecutor for the respondent sole.





                                           *****


                                        CORAM :        A.B. CHAUDHARI AND
                                                       P.N. DESHMUKH, JJ.

                                        Date       :   22nd April, 2015.




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                                                                                APL264.15


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     ORAL JUDGMENT [Per A.B. Chaudhari,J.]:




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

     Public Prosecutor waives service on behalf of respondent sole. By




                                              
     consent of rival parties, this Criminal Application is taken up for final

     hearing and disposed of by this Judgment and Order.
                             
                            
     02.            Following is the prayer in Prayer Clause [a] in the present

     joint Application made by applicants:-

                    "(a)           allow the application and quash and set aside
                                   the criminal proceeding bearing Reg. Cri. Case
      


                                   No.89/14, arising out of F.I.R. No. 73/14,
                                   pending before the Judicial Magistrate First
   



                                   Class at Maregaon, Distt. Yavatmal for the
                                   offence punishable under Section 324, 504 &
                                   506 of I.P.C."





     03.            Both the applicants, who are husband and wife, are present

     before this Court.





     04.            Applicant No.2 was asked by the Court as to whether she

     really wants to withdraw the FIR lodged by her. She answered in the

     affirmative. She is identified by learned counsel for the Applicants Mr.

     Kolhe. Applicant No.2 wife further states that she has been residing




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     with Applicant No.1 in his matrimonial house since November, 2014

     and, therefore, according to her, in order that there is no further

     altercation or dispute, she wants to withdraw the FIR in question.




                                                     
     05.            In view of the fact that both husband and wife, i.e., Applicant




                                         
     Nos. 1 and 2, are residing together since November, 2014, it would be
                             
     appropriate to exercise power under Section 482, Criminal Procedure

     Code, in the light of the judgment of Hon'ble Supreme Court in the case
                            
     of Gian Singh Vs. State of Punjab & another [2012 (10) SCC 303].

     Hence we make the following order:-
      


                                        ORDER

[a] Criminal Application [APL] No. 264 of 2015 is

allowed.

[b] Rule is made absolute in terms of Prayer Clause [a].

               Judge                                                     Judge
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     |हेडाऊ|





                                                             APL264.15