Dr. Avinash Govind Sharma And ... vs State Of Maharashtra Thr. P.I. ...
2017 Latest Caselaw 8740 Bom

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

                 CRIMINAL APPLICATION (APL) NO. 781 OF 2017

 1]         Dr. Avinash Govind Sharma,
            Aged about 47 years, Occ. Doctor -
            Medical Practice, R/o. Plot No.10,
            Jayanti Villa-1, Radha Krishna Apartment,
            Manish Nagar, Nagpur.

 2]         Dr. Mrs. Pompy w/o. Avinash Sharma,
            aged about 33 years, Occ. Student,
            R/o. Plot No.10, Jayanti Villa-1, 
            Radha Krishna Apartment,
            Manish Nagar, Nagpur.                               ...... APPLICANTS

                                 ...VERSUS...
         State of Maharashtra,
         Through P.I. Sonegaon
         Police Station, Nagpur                                    ......   RESPONDENT
 -------------------------------------------------------------------------------------------
 Shri P. Mohgaonkar, Advocate for applicant No.1
 Smt. Renuka S. Sirpurkar, Advocate for applicant No.2
 Shri A.M.Deshpande, APP for Respondent 
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE  AND
                                        M.G.GIRATKAR, JJ.

th DATE : 15 NOVEMBER, 2017 .

ORAL JUDGMENT (Per M.G.Giratkar, J.)

Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

2] By the present application, both the applicants,

husband and wife, prayed to quash and set aside First

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Information Report lodged by applicant No.2 against the

applicant No.1 in Police Station Sonegaon and also prayed to

quash and set aside Regular Criminal Case No. 301049 of

2015 pending in the Court of Judicial Magistrate, First Class

Court No.8, Nagpur, instituted by Police Station Sonegaon on

the report of applicant No.2.

3] Today, both the applicants are present before

the Court with their respective counsels. We have heard

both the applicants in person. Both the applicants submitted

that they have settled the matter as per the compromise

taken place before the Mediator. The copy of the settlement

is filed on record at page 74. It is dated 3 rd November, 2017.

As per clause (b) of the said agreement, the applicant no.2

agreed to withdraw the proceedings pending against the

applicant No.1 for the offence punishable under Section

498-A of Indian Penal Code. As per the said agreement, the

applicant No.1 has to deposit Rs.50,00,000/- before the

Family Court, Nagpur. There is no dispute that applicant

No.1 has deposited Rs.50,00,000/- in the Family Court at

Nagpur.

          4]               As   the   husband   and   wife   have   settled   their




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dispute, the complainant-wife do not want to proceed further,

there will not be any possibility of conviction. Hence, in view

of the decision of the Hon'ble Apex Court in case of Gian

Singh vrs. State of Punjab, reported in (2012) 10 SCC 303,

keeping the matter pending will be abuse of process of Court

and therefore, the application will have to be allowed.

5] In the result, the application is allowed in terms

of prayer clauses (i) and (ii). Regular Criminal Case No.

301049 of 2015 pending before the Judicial Magistrate, First

Class Court No.8, Nagpur against the applicant No.1 for the

offence under Sections 498-A, 504, 506(2) and 323 of Indian

Penal Code is hereby quashed and set aside. The applicant

No.2 is at liberty to withdraw the amount of Rs.50,00,000/-

deposited by applicant No.1 in the Family Court, Nagpur.

Rule made absolute in above terms. No order as

to costs.

                                  JUDGE                          JUDGE


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