Bombay High Court
Santosh Ramesh Wagh And Others vs State Of Maharashtra, Thr. P.S.O. ... on 10 March, 2017
Bench: B.R. Gavai
apl.499.16.jud.doc 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION [APL] NO.499 OF 2016
1] Santosh Ramesh Wagh,
Aged about 34 years, Occu. Service.
R/o Shivneri Police Line, Quarter No.5,
Near JES College, Police Training Center,
Jalna, Tq. and Distt. Jalna.
2] Ramesh Natthu Wagh,
Aged about 65 years, Occu. Nil.
3] Sau. Vandana Ramesh Wagh,
Aged about 55 years.
4] Vinod Ramesh Wagh,
Aged about 28 years.
Nos. 2 to 4 resident of Lilabai Chawl,
Chitod Road, Dhule. ..... Applicants
--- Versus --
1] State of Maharashtra,
through Police Station Officer,
Police Station, Old City Akola,
Tq. and Distt. Akola.
2] Manisha Santosh Wagh,
Aged about 28 years,
R/o C/o Devidas Narayanrao Nikhare,
Geeta Nagar, Washim Byepass, Akola,
Tq. and Distt. Akola. ..... Non-Applicants
--------------------
Shri J.B. Gandhi, Advocate for the Applicants.
Ms. N.P. Mehta, A.P.P. for Non-Applicant No.1.
Shri N.R. Tekade, Advocate for Non-Applicant No.2.
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apl.499.16.jud.doc 2
CORAM : B.R. GAVAI & KUM. INDIRA JAIN, JJ.
DATE : MARCH 10, 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 non-applicant No.2
against them vide Crime No.70/2016 with the Old City Police
Station, Akola for the offences punishable under Sections 498-A
read with Section 34 of the Indian Penal Code.
03] Applicant no.1 and non-applicant no.2 were married to
each other on 02/12/2010. It appears that after the marriage, in
the year 2016, differences arose between the parties, and as a
result of which, non-applicant no.2 has lodged an F.I.R. against
applicant no.1, who is her husband and other applicants, who are
the relatives of applicant no.1.
04] It appears that during pendency of the proceedings,
the parties have realized that the differences between them are
irreconcilable and, therefore, they have 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, Akola.
05] Applicant no.1 and non-applicant no.2 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] Taking into consideration the fact that 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
