Mr. Vikas @ Vicky S/O. Banwarilal ... vs State Of Maharashtra Thr. Officer ...
2017 Latest Caselaw 746 Bom

 APL 156.17.odt                               1
      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

          CRIMINAL APPLICATION [APL] NO.156 OF 2017

 1]     Mr. Vikas @ Vicky s/o Banwarilal
        Saraf (Agrawal), Aged 30 years,
        Occupation-Business,
        R/o. Flat No.202, Salasar Vihar
        Colony, New Deshpande Layout,
        Ring Road, Wathoda, Nagpur,
        Tahsil and District-Nagpur
        (Maharashtra State).

 2]     Mrs. Megha w/o Vikas @ Vicky s/o
        Banwarilal Saraf (Agrawal),
        (Megha d/o Naresh Agrawal),
        Aged 26 years,
        Occupation-Household,
        R/o. Manohar Chowk, Civil Lines Road,
        Gondia, Tahsil and District-Gondia
        (Maharashtra State)                ..                     APPLICANTS


                               .. VERSUS ..

 State of Maharashtra,
 Through Officer Incharge, Gondia
 City Police Station, Gondia,
 Tahsil and District - Gondia
 (Maharashtra State).                              ..        NON-APPLICANT


                     ..........
 Shri A.N. Ansari, Advocate for Applicants,
 Shri V.P. Maldhure, APP for Non-Applicant.
                     ..........

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

DATED : MARCH 15, 2017.

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

Rule. Rule is made returnable forthwith. Heard

by consent.

2] Applicants, who are husband and wife, have

approached this court praying for quashing and setting

aside of First Information Report No.138 of 2014 registered

by City Police Station, Gondia for the offence punishable

under Sections 498-A, 406, 323 and 506 read with 34 of the

Indian Penal Code.

3] Applicants were married to each other on

8.2.2012. However, it appears that soon after the marriage,

their arose differences between them in the year 2014 and

they resided differently.

4] The aforesaid F.I.R. came to be lodged by applicant

no.2 against applicant no.1 on account of said matrimonial

dispute. However, subsequently the matter between the

applicants has been settled and both of them have resolved

to give an end to their relationship on the terms and

conditions settled between them. Accordingly, an

application for grant of divorce by mutual consent under

Section 13-B of the Hindu Marriage Act, 1955 has also been

filed before the Civil Judge, Senior Division, Gondia.

5] Applicants 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

(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] We find that in order to enable the parties to live

peacefully and with harmony in life, it is in the interest of

justice to give an end to the criminal proceedings pending

between them.

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.)

.........

Gulande, PA