Mr. Abhay Baban Chandpurkar And ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 8687 Bom

                                              1                                      jg.apl 685.17.odt

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

                 Criminal Application (APL) No. 685 of 2017

Applicants :                          (1)  Mr. Abhay Baban Chandpurkar,
                                             Age 37 years, Occupation - Business,

                                      (2)  Mr. Baban Chandpurkar, 
                                             Age 65 years, Occupation - Household,

                                             (3)  Sau. Manjusha Baban Chandpurkar, 
                                                    Age 60 years, Occupation - Household,
                                                    All R/o. 7/5, MIG Housing Board
                                                   Colony, Trimurty Nagar, Nagpur, 
                                                    Dist. Nagpur. 

                                      (4)  Sau. Neeta Sabhyasachi Rao, 
                                             Age 43 years, Occupation - Housewife, 
                                             R/o. Park Street, Kolkata, West Bengal. 

                                             (5)  Ku. Ruchira Chandrashekhar Khedikar 
                                                    (maiden name)
                                                    (Sau. Prajakta @ Ruchira Abhay 
                                                    Chandpurkar), Age 31 years, Occ. - Nil, 
                                                     R/o. C/o. Akshay Khedikar, 
                                                     Main Road Lakhani, Police Station 
                                                     Lakhani, Taluka Lakhani, 
                                                     Dist. Bhandara. 

                                               //  Versus //

Non Applicants :-                            (1)  State of Maharashtra,
                                                    Through Police Station Officer, 
                                                    Police Station Pratap Nagar, Nagpur. 

                                             (2)  State of Maharashtra
                                                    Through its Police Station Officer, 
                                                    Police Station Lakhani, 
                                                     Dist. Bhandara. 

Shri R. R. Vyas, Advocate for the applicant nos. 1 to 4
Shri G. S. Gour, Advocate for the applicant no. 5 
Shri M. K. Pathan, Additional Public Prosecutor for the non-applicants

                                                                                            .....2/-




::: Uploaded on - 16/11/2017                                    ::: Downloaded on - 17/11/2017 01:46:44 :::
                                           2                                      jg.apl 685.17.odt


                                       CORAM      :  R. K. DESHPANDE AND
                                                       M. G. GIRATKAR, JJ.

DATE : 14-11-2017.

ORAL JUDGMENT (Per : R. K. DESHPANDE, J.)

Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2. The applicant no. 1 and applicant no. 5 are the husband and

wife. There was a matrimonial dispute between them which ultimately

culminated into passing of decree of divorce under Section 13(1)(i-a) of

the Hindu Marriage Act in favour of the wife which has attained the

finality.

3. The matter is subsequently settled between the applicant

nos. 1 to 4 and the applicant no. 5. Learned counsels appearing for the

applicants submit that the applicant no. 1 Abhay Baban Chandpurkar,

husband is personally present before the Court. Learned counsels further

submit that the applicant no. 5 Ruchira Chandrashekhar Khedikar

(maiden name) (Sau. Prajakta @ Ruchira Abhay Chandpurkar) is also

personally present before this Court. We have asked both the parties as

to whether the settlement arrived at between them is acceptable to them.

.....3/-

3 jg.apl 685.17.odt

Both of them expressed that by consent they have decided to get the

proceedings in question quash and set aside. The wife has received the

amount of Rs. 12,75,000/- and has also received the articles as per the

list enclosed. She has no grievance about the applicant nos. 1 to 4. In

view of this we do not find any purpose in keeping the proceedings

instituted by the applicant no. 5 against the applicant nos. 1 to 4 who

have consciously decided to get the proceedings quashed and set aside.

4. In view of the above, the application is allowed in terms of

prayer clauses (a), (b) and (c). The applicant no. 5 has undertaken to

withdraw the proceedings filed under Section 125 of the Code of

Criminal Procedure pending in the Court of the Judicial Magistrate First

Class, Lakhani, District Bhandara unconditionally. If the proceedings are

not withdrawn within a period of one month from today, the trial Court

shall treat that the proceedings are set aside by this Court.

                       JUDGE                                      JUDGE


wasnik




                                                                                           ...../-