Tukaram Kashiram Dike And Others vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 3819 Bom

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

              CRIMINAL APPLICATION (APL) NO. 418 OF 2017

(1) Tukaram Kashiram Dike 
      Aged about 41 years, 

(2) Anjanabai Kashiram Dike 
      Aged about 60 years, 
      Occ. Household

(3) Indubai Subhash Muke,
      Aged about 50 years, 
      Occ. Household
      All R/o. Mahalungi, Tah. Motala, 
      Distt. Buldana. 

(4) Chandabai Yuvraj Hiwale,
      Aged about 45 years, 
      Occ. Household
      R/o. Dhamangaon (Bade), 
      Tah. Motala, District Buldana. 

(5) Sarubai Dhondu Sapkal, 
      Aged about 35 years, 
      Occ. Household,
      R/o. Dahigaon, Tah. Motala, 
      District Buldana.                                         ... Applicants

             VERSUS

(1) State of Maharashtra, 
      through Police Station Officer, 
      Police Station, Dhamangaon (Bade), 
      Tah. Motala, District Buldana. 

(2) Chandrakala W/o Tukaram Dike,
       Aged about 38 years, Occ. 
       Household, R/o Mahalungi, 
      Tah. Motala, Distt. Buldana.                           ... Respondents




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Shri R. J. Shinde, Advocate for the applicants
Shri A. M. Joshi, A.P.P. for the State/respondent no. 1
-----------------------------------------------------------------------------------------------------------------------

                                                  CORAM :  PRASANNA  B. VARALE and
                                                                 M. G. GIRATKAR, JJ.

DATE : 30/06/2017.

Judgment (Per : M.G. Giratkar, J)

Heard Shri Shinde, learned counsel for the applicants

and Shri Joshi, learned Additional Public Prosecutor for the State/

respondent no. 1.

2. Rule. Rule made returnable forthwith.

3. Present application is filed under Section 482 of the Code of

Criminal Procedure for quashing charge-sheet No. 39/2011 in Crime

No. 37/2011 dated 3-11-2011 for the offences punishable under

Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal

Code and under Section 4 of the Dowry Prohibition Act registered by

Police Station, Dhamangaon (Bade), Tahsil Motala, District Buldana.

4. It is submitted that the respondent no. 2 is the wife of the

applicant no. 1. Their marriage was performed before 15 years back.

They   are   having   two   children,   namely,   Chetan   and   Sujata.     The





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respondent no. 2 lodged report in the Dhamangaon (Bade) Police

Station alleging that the applicants demanded Rs. 50,000/- and tried to

kill her. On her report, offences punishable under Sections 498-A, 323,

504, 506 read with Section 34 of the Indian Penal Code and under

Section 4 of the Dowry Prohibition Act were registered. After

completing investigation, prosecution has filed charge-sheet against the

applicants.

5. It is submitted that due to misunderstanding between the

applicant no. 1 and respondent no. 2 (husband and wife) and due to hot

talk between them, the respondent no. 2 lodged report. Now the

applicant no. 1 and respondent no. 2 are residing together happily with

their two children. Now, there is no dispute between them. They are

having cordial relations, therefore, it is necessary to quash the charge-

sheet filed by the prosecution and at last, it is prayed to quash and set

aside the charge-sheet.

6. It is the submission of Shri Shinde, learned counsel for the

applicants that the applicant no. 1 and the respondent no. 2 are residing

together. Case is pending before the Judicial Magistrate First Class,

Motada, District Buldana against the applicants. Looking to the

submissions of learned counsel for the applicants, as husband and wife

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have settled the matter and further to keep their relations good, it is

necessary to quash and set aside the charge-sheet.

7. In view of the judgments of Hon'ble Apex Court in the case

of Gian Singh Vs. State of Punjab and anr. [2013 ALL SCR 171] and

this Court in Ashraf Mohammad Calcattawala and ors. Vs. The State

of Maharashtra and anr. [2015 ALL MR (Cri) 1778], this Court can

compound the offences in matrimonial matters. Hence, application is

allowed in terms of prayer clause (1).

8. Charge-sheet in Crime No. 37/2011 filed by Police Station,

Dhamangaon (Bade), Tahsil Motala, District Buldana pending on the file

of the Judicial Magistrate First Class, Motada, District Buldana is hereby

quashed and set aside.

                        JUDGE                                         JUDGE



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