Sacchitanand Shivdas Kedar And ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 8494 Bom

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

                 Criminal Application (APL) No. 766 of 2017

Applicants :                        (1) Sacchitanand Shivdas Kedar
                                          Aged about 32 years, Occ. Service
                                    (2) Shivdas Natthuji Kedar
                                          Aged about 61 years, 
                                          Occ. Agriculturist 
                                    (3) Sau. Vacchala Shivdas Kedar
                                          Aged about 56 years, 
                                          Occ. Household work 
                                    (4) Vilas Shivdas Kedar
                                          Aged about 36 years, 
                                          Occ. Service, 
                                    (5) Sau. Pramila Vilas Kedar
                                          Aged about 35 years,   
                                          Occ. Household work 
                                    (6) Digambar Shivdas Kedar
                                          Aged about 30 years, 
                                          Occ. Agriculturist
                                    (7) Devanand Shivdas Kedar
                                          Aged about 34 years, 
                                          Occ. Service 
                                    (8) Subodh Sudhar Tetu
                                          Aged about 28 years, 
                                          Occ. Service, 
                                          R/o. New Khetan Nagar
                                          Kaulkhed Akola 
                                          Tq. and Distt. Akola. 
                                          Applicants No. 1, 4, 5 and 7 
                                          R/o. Nandanvan Society, 
                                          Walekar Wadi, Chinchwad 
                                          Pune
                                           Applicants No. 2, 3 and 6 
                                           R/o. Bilanpura, Achalpur 
                                           Tq. Achalpur Distt. Amravati. 

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                                                //  Versus //

Non Applicants                                          (1) State of Maharashtra
                                                              Through Police Station Officer, 
                                                              Khadan, Akola Tq. and 
                                                              Distt. Akola. 

                                                        (2) Sau. Rupali Sacchitanand 
                                                              Kedar, aged about 25 years 
                                                              Occ. Service 
                                                              R/o. C/o. Pralhad Vishnu Ghayal, 
                                                              Lambodar Residency, 
                                                              Ganesh Nagar, Malkapur
                                                              Tq. and Distt. Akola.

Shri J. B. Gandhi, Advocate for the applicants 
Shri V. P. Gangane, Additional Public Prosecutor for the non-applicant 
no. 1 
Shri A. P. Kawale, Advocate for the non-applicant no. 2 

                                             CORAM      :  R. K. DESHPANDE AND
                                                               M. G. GIRATKAR, JJ.
                                                   DATE   : 7-11-2017.

JUDGMENT (Per : M. G. GIRATKAR, J.)

By the present application, the applicants challenge FIR

No. 298/2017 for the offences punishable under Sections 498-A, 504

read with Section 34 of the Indian Penal Code registered by the

non-applicant no. 1 on the report of the non-applicant no. 2.

2. It is submitted that marriage of the applicant no. 1 and non-

applicant no. 2 was solemnized on 6-8-2015. There was some dispute

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between applicants and non-applicant no. 2. Due to misunderstanding,

she lodged the report against the applicants. The non-applicant no. 2

also instituted the proceedings against the applicants under the

provisions of the Protection of Women from Domestic Violence Act and

the Court has granted interim maintenance of Rs. 10,000/- and rent of

Rs. 1,000/- per month to the non-applicant no. 2. The appeal was filed

before the District and Sessions Judge, Akola. In said appeal bearing

Criminal Appeal No. 127/2016 (under the provisions of Protection of

Women from Domestic Violence Act) before the learned Sessions Judge,

Akola, the applicants and non-applicant no. 2 filed compromise pursis,

Exhibit 17 thereby applicant no. 1 agreed to pay Rs. 11,50,000/- to the

non-applicant no. 2 and the matter has been amicably settled between

the parties. It was also agreed by the non-applicant no. 2 to withdraw

the report lodged against the applicants.

3. Heard learned counsels appearing for the respective parties.

Today, the non-applicant no. 2 and applicant no. 1 are present before the

Court with their respective counsels. We have asked the non-applicant

no. 2 about settlement between them as per annexure C. She has stated

that she does not want to prosecute the applicants as the matter is

amicably settled between them before the Sessions Court, Akola as per

the terms and conditions written the pursis, Exhibit 17. She has

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specifically stated to quash the First Information Report registered on her

report.

4. In view of the judgment of Hon'ble Supreme court in the case

of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303,

the criminal application is liable to the allowed. There is no possibility of

any conviction of the applicants as the matter is settled between the

complainant/non-applicant no. 2 and the applicants. She will not depose

anything against the applicants. Hence it will be nothing but abuse of

process of Court. In the result, we pass the following order :

(i) The criminal application is allowed in terms of prayer

clause (A) and we quash and set aside FIR No. 298/2017

registered by the non-applicant no. 1 for the offences

punishable under Sections 498-A, 504 read with Section 34 of

the Indian Penal code against the applicants.

(ii) No order as to costs.

                         JUDGE                                    JUDGE




wasnik


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