Shri Sachin Shyamrao Jaiswal & ... vs State Of Maha. Thr. P.S.O. P.S. ...
2017 Latest Caselaw 9069 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



              CRIMINAL APPLICATION (APL) NO.763 OF 2017



  1. Sachin Shyamrao Jaiswal,
      Aged about 33 years, Occ. Private 
      Job.


  2. Shamrao s/o. Bhuraji Jaiswal,
      Aged about 63 years, Occ.Pensioner.


  3.Sau.Anusaya w/o. Shamrao Jaiswal,
     Aged about 56 years, Occ.Housewife.


  4.Dinesh s/o. Shamrao Jaiswal,
     Aged about 31 years, Occ. Pvt. Job.


  5.Anant @ Shambhu s/o. Shamrao
     Jaiswal, Aged about 29 years, Occ.
     Private Job.




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     All 1 to 5 r/o. Plot No.46, Ashadeep
     Co-op. Housing Society, Street No.20,
     Gorai-1, Boriwali West, Mumbai-92.


  6. Rajesh s/o. Girdhari Jaiswal,
      Aged about 42 years, Occ. Pvt. Job,
      r/o. Adarsha Nagar, Near Saibaba
      Temple, Aarey Milk Colony, 
      Goregaon (East), Mumbai 400065.


  7. Sau. Pratibha @ Meena Virendra
      Bihare, Aged about 33 years, Occ.
      House wife, r/o. 70/C, Vandana
      Nagar, Near Tilak Nagar,
      Indore - 452001.                      ..........           APPLICANTS



           // VERSUS //


  1.State of Maharashtra,
     Through Police Station Officer,
     Police Station, Hudkeshwar,
     Nagpur.


  2. Sau.Pranali w/o. Sachin Jaiswal,
      Aged about 32 years, Occ.
      Household, r/o. c/o. Raghuji 
      Bihare, Plot No.215, Jankinagar,
      Near Hanuman Mandir,

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      Udaynagar Ring Road
      Chowk, Nagpur.                                     ..........      NON-APPLICANTS/
                                                                       RESPONDENTS

  ____________________________________________________________
              Mr.H.N.Bhondge, Advocate for the applicants.
              Mr.N.S.Rao, A.P.P. for Respondent No.1/State.
              Mr.Suryakant Jaiswal, Advocate for Respondent No.2.
  ____________________________________________________________


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

DATED : 27th NOVEMBER, 2017.

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

1. The Criminal Application is admitted and heard finally

with the consent of the learned Counsel for the respective parties.

2. Non-applicant no.2/wife Sau. Pranali w/o. Sachin

Jaiswal has filed an affidavit dt.29.9.2017, the contents of which are

re-produced below :

" I, the abovenamed Deponent do hereby take oath and state on Solemn affirmation as under :-

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1. I state that, the applicant No.1 had filed Petition No.A-488/2015 between Shri Sachin Shyamrao Jaiswal ..Vrs.. Sau. Pranali Sachin Jaiswal. The said matter was referred before Mediator and accordingly mutual mediation agreement took place before Mediator on 6.6.2017.

2. I state that, as per the said Agreement the applicant No.1 has deposited Rs.5,00,000/- towards permanent alimony in the Family Court at Nagpur. I state that, as per said agreement I have to co-operate for quashing of Criminal Case No.3515/2015 pending before Corporation Court No.2, Nagpur i.e. quashing of charge-sheet No.154/2014, dated 27.10.2014, U/Sec.498-A, 34 of I.P.C. and Sec. 3, 4 of Dowry Prohibition Act.

3. I state that, I am ready for quashing of charge- sheet and criminal case No.3515/2015 pending before Corporation Court No.2, Nagpur i.e. quashing of charge-sheet No.154/2014 dated 27.10.2014 U/Sec. 498-A, 34 of I.P.C. And Sec. 3, 4 of Dowry Prohibition Act against the applicants, in view of compromise before Mediator, Family Court, Nagpur and as per the Judgment and Decree dated 7.6.2017 passed in Case No.A-488/2015 by Family Court No.2, Nagpur.

Hence, this Affidavit."

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3. Non-applicant no.2 is also personally present before the

Court and she is identified by her learned Counsel Mr.Suryakant

Jaiswal. We asked her as to whether she wants to continue the

proceedings or wants that the charge-sheet and the proceedings in

question should be quashed and set aside. She states that, as per the

affidavit, she has agreed for quashing the Charge-sheet No.154/2014

and the proceedings in Criminal Case No.3515/2015

4. In view of the above, by consent of the parties, the

Charge-Sheet No.154 of 2014, dt.27.10.2014 in respect of the

offences punishable under Sections 498-A r/w. Section 34 of the

Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act

along with the proceedings of Criminal Case No.3515 of 2015

against the applicants are quashed and set aside. The Criminal

Application is allowed accordingly in terms of prayer clause thereof.

No order as to costs.

                               JUDGE                               JUDGE
   


  [jaiswal]



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