Bombay High Court
Naina W/O. Anand Bankar And ... vs State Of Maharashtra Thr. Police ... on 3 October, 2017
Bench: Anoop V. Mohta
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.542 OF 2017
1. Naina w/o. Anand Bankar,
Aged about 32 years, Occ.
Service, r/o. Flat No.515,
Wing 2, Rai Gulmour Apartment,
Near Go Gas, Teka Naka,
Kamptee Road, Nagpur.
2. Anand s/o. Durjan Bankar,
Aged about 34 years, Occ.
Service, r/o. 26, Sai Shardha
Nagar, Barde Layout,
Divya Nagari Road, in front
of S.N. Public School,
Godhani Road, Nagpur. .......... APPLICANTS
// VERSUS //
1.The State of Maharashtra,
through Police Station,
Jaripatka, Nagpur.
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2.Durjan s/o. Shriram Bankar,
Aged about 62 years, Occ.
Retired, r/o. 26, Sai Shardha
Nagar, Barde Layout, Divya
Nagari Road, in front of S.N.
Public School, Godhani Road,
Nagpur.
3.Maya w/o. Durjan Bankar,
Aged about 60 years, Occ.
Service, r/o. 26, Sai Shardha
Nagar, Barde Layout, Divya
Nagari Road, in front of S.N.
Public School, Godhani Road,
Nagpur.
4.Nikita d/o. Eknath Lambhate,
Aged about 29 years, Occ.
Nil, r/o. Timki, in front of
Hanuman Mandir, Timki Road,
Near Naina Footwear, Nagpur. .......... RESPONDENTS
____________________________________________________________
Mr.P.Sathianathan, Advocate for the Applicants.
Mr.A.M.Deshpande, A.P.P. for Respondent No.1.
Mr.S.S.Nerkar, Advocate for the Respondent Nos.2 to 4.
____________________________________________________________
CORAM : ANOOP V. MOHTA AND
M.G.GIRATKAR, JJ.
DATED : 3rd OCTOBER, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. The Criminal Application is admitted and heard finally
with the consent of the learned Counsel for the parties.
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2. By this Criminal Application, the applicants have prayed
to quash and set aside the proceedings arising out of Crime No.206
of 2013 for the offences punishable under Sections 498-A, 406, 323,
504, 506, 377 and 34 of the Indian Penal Code registered as Regular
Criminal Case No.4920 of 2013 pending before the Judicial
Magistrate, First Class-7, Nagpur and also to quash and set aside the
proceedings in Misc. Criminal Application No.1107 of 2013 pending
on the file of 17th Joint Civil Judge (Jr.Dn.) and J.M.F.C. (DV Act),
Nagpur against applicant no.2 and non-applicant nos. 2 to 4.
4. It is submitted that applicant nos. 1 and 2 were husband
and wife. Their marriage was solemnized on 18.11.2011. Due to
some differences, applicant no.2 filed a Petition u/s.13(1)(ia)(ib)
r/w. Section 10 of the Hindu Marriage Act for dissolution of
marriage. Applicant no.1 lodged a report. Offences punishable
under Sections 498-A, 406, 323, 504 506, 377 and 34 of the Indian
Penal Code were registered against applicant no.2 and non-applicant
nos. 2 to 4. Later, there was a settlement between applicant no.1
and applicant no.2 before the Family Court. As per the settlement,
applicant nos. 1 and 2 have settled all their disputes. Therefore, it is
prayed to quash and set aside the proceedings as mentioned above.
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5. Heard Mr.P.K.Sathianathan, learned Counsel for the
applicants. He has submitted that the applicants have settled all the
disputes out of Court. Therefore, it is prayed to quash and set aside
all the proceedings as prayed for. Heard Mr.A.M.Deshpande, learned
A.P.P. He has opposed the application.
6. Both the applicants and non-applicants with their
Counsel filed a joint pursis dt.3.10.2017 and submitted that non-
applicant no.2 executed a Gift Deed in favour of applicant no.1, as
per compromise. Therefore, applicant no.1 does not want to
prosecute her husband and his relatives.
7. Today, the husband and wife (applicant nos.1 and 2)
with non-applicants are present before the Court. We have heard
applicant no.1 Naina. She has stated that she does not want to
prosecute her husband and his relatives. Therefore, it is prayed to
quash and set aside all the Criminal proceedings pending before the
J.M.F.C. Courts at Nagpur.
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8. It appears from the submissions of applicant
no.1/complainant that she will not state anything against her
husband and his relatives against whom criminal cases are pending.
Therefore, no fruitful purpose will be served by keeping all the
criminal cases pending. In view of the law laid down by Hon'ble
Supreme Court in the cases of Narinder Singh and Others vs. State
of Punjab and Others, (2014) 6 SCC 466 and Gian Singh vs. State
of Punjab and another reported in (2012) 10 SCC 303, the
proceedings arising out of Crime No.206 of 2013 for the offences
punishable under Sections 498-A, 406, 323, 504, 506, 377 and 34 of
the Indian Penal Code registered as Regular Criminal Case No.4920
of 2013 pending before the Judicial Magistrate, First Class-7, Nagpur
and the proceedings in Misc. Criminal Application No.1107 of 2013
pending on the file of 17th Joint Civil Judge (Jr.Dn.) and J.M.F.C.
(DV Act), Nagpur against applicant no.2 and non-applicant nos. 2 to
4 are liable to be quashed and set aside.
9. Hence, we allow the Criminal Application in terms of the
prayer clause (1) of the Criminal Application and quash and set aside
the proceedings arising out of Crime No.206 of 2013 for the offences
punishable under Sections 498-A, 406, 323, 504, 506, 377 and 34 of
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the Indian Penal Code registered as Regular Criminal Case No.4920
of 2013 pending before the Judicial Magistrate, First Class-7, Nagpur
and also quash and set aside the proceedings in Misc. Criminal
Application No.1107 of 2013 pending on the file of 17th Joint Civil
Judge (Jr.Dn.) and J.M.F.C. (DV Act), Nagpur against applicant no.2
and non-applicant nos. 2 to 4. Order accordingly.
No order as to costs.
JUDGE JUDGE
[jaiswal]
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