Mr. Swapnil S/O. Narayan Hazare ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 557 Bom

 APL 112.17.odt                      1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR
          CRIMINAL APPLICATION [APL] NO.112 OF 2017

 1]     Mr. Swapnil s/o Narayan Hazare,
        Aged about 33 years,
        Occupation-Business.
 2]     Mr. Narayan s/o Ganpatrao Hazare,
        Aged about 66 years,
        Occupation-Retired.
 3]     Mrs. Sandhya w/o Narayan Hazare,
        Aged about 61 years,
        Occupation-Teacher.
        Applicant No.1 to 3, R/o. Plot No.146,
        Balpande Layout, Santaji Society,
        Narendra Nagar, Nagpur.
 4]     Miss. Sneha d/o Narayan Hazare,
        Mrs. Sneha w/o Manoj Bhalme,
              (Name after marriage)
        Aged about 27 years,
        Occupation-Housewife,
        Presently reside at Plot No.48,
        Lane No.5, Bajrang Nagar,
        Manewada Road, Nagpur.
 5]     Mrs. Shweta w/o Mangesh Balpande,
        Aged about 35 years,
        Occupation-Housewife,
        R/o. Deotale Layout, Ambazari,
        Nagpur-400010.
 6]     Mrs. Varsha w/o Prashant Maske,
        Aged about 37 years,
        Occupation-Housewife.
 7]     Mr. Prashant s/o Namdeorao Maske,
        Aged about 42 years,
        Occupation-Business.




::: Uploaded on - 09/03/2017              ::: Downloaded on - 11/03/2017 00:47:10 :::
  APL 112.17.odt                               2
 8]     Mr. Vilas s/o Namdeorao Maske,
        Aged about 59 years,
        Occupation-Business.
 9]     Mr. Girish s/o Namdeorao Maske,
        Aged about 57 years,
        Occupation-Business.
 10] Mr. Sanjay @ Bandu Namdeorao Maske,
     Aged about 55 years,
     Occupation-Business,
        All No.6 to 10 R/o. Plot No.1,
        Dhangarpura, Deo Nagar, Nagpur...                       APPLICANTS

                               .. Versus ..

 1]     State of Maharashtra,
        Through P.S.O., P.S. Ajni,
        District-Nagpur.
        (Crime No.153/2014).
 2]     Mrs. Pooja Swapnil Hazare,
        Aged about 27 years,
        Occupation - Nil,
        R/o. C/o. Marotrao Sakharkar,
        Behind Amar Traders, Near Vitthal
        Rukhmini Temple, Aradhana Nagar,
        Dighori, Nagpur.                  ..               NON-APPLICANTS

                    ..........
 Shri S.M. Bhangde, Advocate for Applicants,
 Smt. N.P. Mehta, APP for Non-Applicant No.1,
 Shri Nitin Ambilwade, Advocate for Non-Applicant No.2.
                    ..........

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

DATED : MARCH 07, 2017.

ORAL JUDGMENT : (Per : B.R. GAVAI, J.)

Rule. Rule is made returnable forthwith. Heard by

consent.

2] Applicants have approached this court praying for

quashing and setting aside Regular Criminal Case

No.574/2015 for the offence punishable under Sections

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

Penal Code.

3] Applicant no.1 and non-applicant no.2 were

married to each other on 30.11.2012. The parties are also

blessed with female child aged about four years.

4] However, it appears that their arose differences of

opinion between applicant no.1 and non-applicant no.2 and

they started residing separately and as also outcome of the

said dispute, non-applicant no.2 filed a FIR against making

allegations against applicant no.1 as well as other applicants

who are relatives of applicant no.1.

5] However, the parties had also filed proceedings

before the learned Family Court. It appears that during the

pendency of the said proceedings, the matter was referred

to Mediator and a mediation terms were settled between the

parties and the parties have resolved to give an end to their

relationship as per the terms and conditions which are

annexed as Annexure-4 to the petition. It has also been

agreed between the parties that they were decided to give

an end to the criminal proceeding.

6] 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 Code of Criminal Procedure

to quash and give an end to the criminal proceedings. We

find that the present case is a fit case where this court

should exercise powers under Section 482 of the Code of

Criminal Procedure and give an end to the criminal

proceedings.

7] Non-Applicant no.2 is personally present in the

court and reiterate about settlement. She further states that

out of an amount of Rs.5,00,000/- (Rs. Five Lacs only) which

will be paid by applicant no.1, she would deposit an amount

of Rs.2,50,000/- (Rs. Two Lacs fifty thousand only) in the

name of the minor child. The said amount be kept in a fixed

deposit till the minor child attains the age of majority.

We find that pendency of the criminal proceeding would act

an unnecessary hindrance in the harmonious relationship

between the parties. We find that this is a fit case for

exercising jurisdiction under Section 482 of the Code of

Criminal Procedure and give an end of the criminal

proceedings.

8] Rule is, therefore, made absolute in following

terms. Hence, the following order :

(i) The proceedings in Regular Criminal Case

No.574/2015 pending before ACJM Court, Nagpur is quashed

and set aside.

(ii) Non-Applicant No.2 is directed to deposit an

amount of Rs.2,50,000/- out of Rs.5,00,000/-, which she

would receive from applicant no.1, in a fixed deposit of the

nationalized bank in the name of minor child, till the minor

child attains the age of majority. However, we make it clear

that non-applicant no.2 would be entitled to receive interest

on the said fixed deposit which can be used for the

maintenance of minor child.

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