Bombay High Court
Roshan S/O. Shankarrao Gaidhane ... vs The State Of Maharashtra Thr. ... on 29 September, 2017
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION NO.550 OF 2017
1. Roshan s/o. Shankarrao Gaidhane,
Aged about 35 years, Occ.Nil.
2. Vijaya w/o. Shankarrao Gaidhane,
Aged about 55 years, Occ.
Housewife.
3. Swapnil s/o. Shankarrao Gaidhane,
Aged about 30 years,
Occ. Private.
Applicant nos. 1 to 3, r/o. Mahesh
Colony, Chandan Nagar, Nagpur.
4. Rupali w/o. Sanjayrao Madankar,
Aged about 32 years, Occ.
Housewife, r/o. A-7, Laxminagar,
Bhelgaon Naka, Saunsar, Distt.
Chhindwara (MP). .......... APPLICANTS
// VERSUS //
1.The State of Maharashtra,
through Police Station Officer,
Imamwada, Police Station,
Nagpur.
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2.Tarangana w/o. Roshan Gaidhane,
Aged about 31 years, Occ.Nil.
r/o.Shrihari Nagar, Manewada,
Nagpur. .......... RESPONDENTS
____________________________________________________________
Mr.S.P.Sonwane, Advocate for the Applicants.
Mr.P.S.Tembre, A.P.P. for the Respondent No.1.
Mr.S.N.Dongre, Advocate for the Respondent No.2.
____________________________________________________________
CORAM : SMT. VASANTI A NAIK
AND
M.G.GIRATKAR, JJ.
DATED : 29th September, 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 applicants.
2. By this Criminal Application, the applicants have prayed
to quash and set aside the Charge Sheet bearing No.87 of 2014 and
the proceedings in Regular Criminal Case No.4068 of 2014, under
Sections 498-A, 323, 504, 506 r/w. 34, Sections, 377 and 354 of the
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Indian Penal Code, Section 4 of Dowry Prohibition Act and Sections
66 and 66(E) of the Information Technology Act.
3. Marriage of applicant no.1 came to be solemnized with
non-applicant no.2 on 7.12.2013. Due to certain temperamental
differences between applicant no.1 and non-applicant no.2, there were
disturbances in the matrimonial life. Senior family members tried to
settle the matter, but non-applicant no.,2 could not listen to the elderly
members of the family. On 11.12.2014, non-applicant no.2 lodged
complaint/F.I.R. with non-applicant no.1. Non-applicant no.1 registered
crime against the applicants for the offences punishable under Sections
498-A, 323, 504, 506 r/w. 34, Sections, 377 and 354 of the Indian Penal
Code, Section 4 of Dowry Prohibition Act and Sections 66 and 66(E) of
the Information Technology Act. After complete investigation, charge
sheet was filed before the the 10th Joint Civil Judge (Jr.Dn.) and
Judicial Magistrate, First Class (Special Court for Atrocities Against
Women), Nagpur.
4. It is submitted that non-applicant no.2 lodged the report
due to misunderstanding. As prima facie no offence is made out against
the applicants, it is prayed to quash and set aside the Charge Sheet
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bearing No.87 of 2014 and the proceedings in Regular Criminal Case
No.4068 of 2014, under Sections 498-A, 323, 504, 506 r/w. 34,
Sections, 377 and 354 of the Indian Penal Code, Section 4 of Dowry
Prohibition Act and Sections 66 and 66(E) of the Information
Technology Act.
5. It is further submitted that non-applicant no.2 has agreed to
receive an amount of Rs.Five Lakhs from applicant no.1 as permanent
alimony and the applicants and non-applicant no.2 have settled all the
criminal and civil matters between them. Compromise pursis is filed
before the Family Court. Therefore, it is prayed that since the matter is
settled between the parties, the Charge sheet and the proceedings as
stated above be quashed and set aside.
6. Heard the learned Counsel for the respective parties.
Non-applicant no.2 is personally present in the Court. She has filed
an affidavit and has stated that all the disputes and grievances are
resolved amicably between her and the applicants out of the Court.
She does not want to prosecute the applicants. All the matters are
settled and therefore, she has prayed to quash and set aside the
Charge Sheet bearing No.87 of 2014 and the proceedings in Regular
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Criminal Case No.4068 of 2014, under Sections 498-A, 323, 504,
506 r/w. 34, Sections, 377 and 354 of the Indian Penal Code,
Section 4 of Dowry Prohibition Act and Sections 66 and 66(E) of
the Information Technology Act.
7. From the submissions of applicants and non-applicant
no.2 made personally before us, it is clear that applicants and non-
applicant no.2 have settled their grievances/disputes. Non-
applicant no.2 does not want to prosecute any of the applicants.
There will be no possibility of giving any evidence by non-applicant
no.2 against the applicants. Keeping the Criminal proceedings
pending is nothing but a futile exercise.
8. Hence, in view of the law laid down by Hon'ble Supreme
Court in the case 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 Charge Sheet
bearing No.87 of 2014 and the proceedings in Regular Criminal Case
No.4068 of 2014, under Sections 498-A, 323, 504, 506 r/w. 34,
Sections, 377 and 354 of the Indian Penal Code, Section 4 of Dowry
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Prohibition Act and Sections 66 and 66(E) of the Information
Technology Act are liable to be quashed and set aside.
9. Hence, we allow the Criminal Application in terms of the
prayer clause (i) and quash and set aside the Charge Sheet bearing
No.87 of 2014 and the proceedings in Regular Criminal Case
No.4068 of 2014, under Sections 498-A, 323, 504, 506 r/w. 34,
Sections, 377 and 354 of the Indian Penal Code, Section 4 of
Dowry Prohibition Act and Sections 66 and 66(E) of the
Information Technology Act pending before the 10th Joint Civil
Judge (Jr.Dn.) and Judicial Magistrate, First Class (Special Court
for Atrocities Against Women), Nagpur. Order accordingly.
No order as to costs.
JUDGE JUDGE
[jaiswal]
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