Jayant S/O Govindrao Nimje And ... vs State Of Maharashtra, Thr. Police ...
2017 Latest Caselaw 146 Bom

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



             Criminal Application (APL) No. 139/2017
                                ...


1. Jayant s/o Govindrao Nimje,
   Aged about 43 years,
   Occupation: Service,

2. Laxmibai Govindrao Nimje,
   Aged about 66 years,
   Occupation Housewife,

    Both 1 and 2 R/o Lav Kush Nagar,
    Manewada, Nagpur.

3. Rekha Kishore Barapatre,
   Aged about 38 years,
   Occupation: Housewife,

4. Kishore Narayan Barapatre,
   Aged about 47 years,
   Occupation: Service,
   Nos. 3 and 4 are R/o Flat No. 104,
   Khadse Apartment, Hazari Pahad,
   Nagpur.                            ..                     APPLICANTS


                               .. Versus ..


1. State of Maharashtra,
   through its Police Station Officer,
   Police Station, Hudkeshwar,
   Nagpur.

2. Sau. Archana Jayant Nimje,
   Aged about 40 years,
   Occupation: Housewife,
   R/o 206, Suyog Nagar,
   Nagpur -15.                                ..          RESPONDENTS



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Mr. I.S. Charlewar, Advocate for Applicants.
Mr. V.P. Maldhure, APP for Respondent No.1.
Mr. V.R. Borkar, Advocate for Respondent No.2.

                               ....


              CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : 28th February, 2017.

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

1. Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2. The applicants have approached this Court praying

for quashing and setting aside the first information report

dated 30.10.2014 registered vide Crime No. 289/2014 for

offence punishable under Sections 498-A, 406 read with

Section 34 of the Indian Penal Code.

3. Applicant no.1 and respondent no.2 were married to

each other on 20.12.2004. Her son viz. Amogh has been born

out of the said wedlock. However, it appears that there arose

certain differences between applicant no.1 and respondent

no.2 in the year 2014 and they started residing separately.

Respondent no.2 also lodged an first information report for the

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offence punishable under Section 498-A of the I.P.C. and other

sections of the Indian Penal Code against applicant no.1 and

the other applicants, who are the relatives of the first

applicant.

4. It appears that there are also matrimonial

proceedings pending before the learned Family Court. The

dispute between the parties was referred for counseling. It

further appears that during counseling, applicant no.1 and

respondent no.2 have resolved their dispute and decided to

reside together.

5. Applicant no.1 and respondent no.2 are personally

present in the Court and they reiterate about the settlement.

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 settle their matrimonial dispute, the Court should

give an end to the criminal proceedings. We find that this is 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.

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7. We find that in order to enable applicant no.1 and

respondent no.2 to lead their matrimonial life peacefully, it

would be in the interest of justice to give an end to the criminal

proceedings between the parties.

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

terms of prayer clause (i).

(Kum. Indira Jain, J. ) (B.R. Gavai, J.) ...

halwai/p.s.