Bhumesh S/O. Tulshiram Khapekar ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 491 Bom

apl.29.17.jud.doc                          1

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

            CRIMINAL APPLICATION [APL] NO.29 OF 2017

1]       Bhumesh Tulshiram Khapekar,
         Aged about 33 years, Occu. Service,
         Naik Wadi, Bangladesh, Nagpur.

2]       Sou. Watsala w/o Tulshiram Khapekar,
         Aged about 55 years, Occu. Nil.

3]       Tulshiram s/o J. Khapekar,
         Aged about 62 years, Occu. Retired.

         All r/o Naik Wadi,
         Behind Lalganj Police Chowki, Bangladesh,
         Nagpur.

4]       Ashwini w/o Bhumesh Khapekar,
         Aged about 26 years, Occu. Nil.
         Presently residing at
         C/o Manohar Bokade, Plot No.160,
         Madhuban Colony, A.B. Road,
         Dewas (M.P.).                                            ..... Applicants

         --- Versus --

State of Maharashtra,
Through P.S.O. Hudkeshwar, Nagpur,
District Nagpur.                                           ..... Non-Applicants


                 --------------------
Shri S.M. Nafde, Advocate for the Applicants.
Mrs. Mayuri Deshmukh, A.P.P. for the Non-Applicant.
                 -------------------

                    CORAM       :   B.R. GAVAI & KUM. INDIRA JAIN, JJ.

DATE : MARCH 6, 2017.

ORAL JUDGMENT :- (Per B.R. Gavai, J.)

Rule. Rule made returnable forthwith. Heard finally by

consent of the learned Counsel for the parties.

02] The applicants have approached this Court with a

prayer for quashing and setting aside the first information report

arising out of the complaint lodged by applicant no.4 against

applicant nos.1 to 3 vide Crime No.511/2016 with the Police

Station Hudkeshwar, Nagpur for the offence punishable under

Section 498-A read with Section 34 of the Indian Penal Code.

03] Applicant no.1 and applicant no.4 were married to

each other on 25/07/2015. However, it appears that soon after

the marriage, there arose differences between them. As a result

of which, the aforesaid first information report came to be lodged

by applicant no.4-wife against her husband-applicant no.1 and

in-laws i.e. applicant nos.2 and 3.

04] It appears that applicant no.1 and applicant no.4 ,

within a short period of their marriage, realise that the

differences between them were irreparable and, therefore, they

have now decided to give an end to their relationship. They have

also filed joint petition for dissolution of marriage by mutual

consent under Section 13-B of the Hindu Marriage Act before the

Family Court, Nagpur. As a settlement, they have also decided

to give an end to the criminal proceedings.

05] Applicant no.1 and applicant no.4 are personally

present in the Court and they reiterate the words about their

settlement.

06] The Apex Court in the case of B.S. Joshi and others

vs. State of Haryana and another reported in (2003) 4 SCC

675 has held that if the matrimonial dispute has been settled

between the parties, this Court can exercise powers under

Section 482 of the Criminal Procedure Code to quash and give an

end to the criminal proceedings.

07] Since, the parties have amicably settled their dispute,

we find that the present case is a fit case where this Court can

exercise powers under Section 482 of the Criminal Procedure

Code and give an end to the criminal proceedings.

08] Hence, the application is allowed. Rule is made

absolute in terms of prayer clause (a).

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