Kartik S/O Narayan Meshram And ... vs The State Of Maharashtra, Thr. ...
2017 Latest Caselaw 869 Bom

                                      1                  APL610-16.odt         



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



             Criminal Application (APL) No. 610/2016
                                ...


1. Kartik Narayan Meshram,
   Aged about 30 years,
   Occupation: Mason,

2. Narayan Nathuji Meshram,
   Aged about 59 yeas,
   Occupation: Mason,

3. Sau. Kamlabai w/o Narayan
   Meshram, Aged about 58 years,
   Occupation: Household,

    Applicant Nos. 1 to 3 R/o Mouza
    Kopitola, Post Tigaon,
    Tahsil Amgaon, Dist. Gondia.

4. Ku. Rajkumari d/o Wamanrao Dani,
   Aged about 26 years,
   Occupation: Nurse, R/o Plot No.36,
   Dupare Layout, Indraprasth Nagar,
   Nagpur (City).                     ..                    APPLICANTS


                               .. Versus ..


1. The State of Maharashtra,
   through P.S.O. Of Police Station
   Sonegaon, Nagpur (City).

2. Sau. Priyanka w/o Kartik Meshram,
   Aged about 22 years,
   Occupation: Household, R/o Mouza
   Kopitola, Post Tigaon,
   Tahsil Amgaon,Distt. Gondia.      ..                  RESPONDENTS




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Mr. E.W. Nawab, Advocate for Applicants.
Mr. V.P. Maldhure, APP for Respondent No.1.
Mr. S.O. Ahmed, Advocate for Respondent No.2.
                   ....


              CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : March 20, 2017.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2. The applicants have approached this Court praying

for quashing and setting aside the criminal proceedings vide

Regular Criminal Case No.2784/2016 arising out of Crime No.55

of 2015 for the offence punishable under Sections 498-A, 494,

506 read with Section 34 of the Indian Penal Code.

3. Applicant no.1 and respondent no.2 were married to

each other on 2.2.2012. However, it appears that soon after

the marriage, the relations between the husband and wife

became strained and they started residing separately. As a

result of strained relationship, respondent no.2 filed an first

information report for the offence punishable under Sections

498-A, 494, 506 read with Section 34 of the Indian Penal Code

3 APL610-16.odt

against applicant no.1- husband and rest of the applicants who

are the relatives of applicant no.1.

4. It appears that during the pendency of the

proceedings the parties realised that the relations between

them were irretrievably broken and there were no chances of

reconciliation. As such they applied for dissolution of marriage

by mutual consent. The said petition was allowed and the

decree of divorce is passed.

5. Applicant no.1 and respondent no.2 have decided to

give an end to the criminal proceedings pending between

them. Applicant no.1 and respondent no.2 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 AIR 2003

Supreme Court 1386 has held that if the parties have

resolved to settle their matrimonial dispute, the Court should

give an end to the criminal proceedings. We find that this is a

fit case wherein this Court should exercise discretion under

Section 482 of the Code of Criminal Procedure to give an end

to the criminal proceedings between the parties.

4 APL610-16.odt

7. In that view of the matter we find that the

application deserves to be allowed. Rule is, therefore, made

absolute in terms of the prayer clause.

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



halwai/p.s.