Shri. Devendra S/O. Keshavji ... vs The State Of Maharashtra Thr. ...
2018 Latest Caselaw 506 Bom

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

                  CRIMINAL WRIT PETITION NO. 1189 OF 2017


 1]         Shri Devendra s/o Keshavji Lende,
            aged about 33 years, Occ. Service.

 2]         Sau. Wachhala Keshavji Lende,
            aged about 53 years, Occ. Household.

 3]         Sau. Chaitali Vikas Wanjari,
            aged about 29 years, Occ. Household,

            All R/o. Thana (Petrol Pump),
            Tq. And Distt. Bhandara .......                         PETITIONERS

                                 ...VERSUS...

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

 2]      Sau. Pooja Devendra Lende,
         aged 27 years, Occ. Household,
         R/o. C/o. Smt. Kalpana Gulabraoji Mankar,
         Plot No. 95, Akash Nagar, Behind
         Manewada Ring Road, Nagpur......         RESPONDENTS
 -------------------------------------------------------------------------------------------
 Ms. Reshma Hiranwar, Advocate for the petitioners.
 Shri K.R.Lule, A.P.P for Respondent No.1
 Shri S.P.Pawar, Advocate for Respondent No.2 
 -------------------------------------------------------------------------------------------
                           CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.
                                          th
                           Date      : 16     JANUARY, 2018 .

 JUDGMENT (P.C.)

Rule made returnable forthwith.

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Heard finally by consent of the learned counsels

appearing for the parties.

2] The petition challenges the First Information

Report No. 199 of 2013 lodged at the instance of respondent

No.2 - Sau. Pooja Devendra Lende in the Police Station at

Hudkeshwar, Nagpur, against the petitioners for the offence

under Sections 498-A, 313, 504 read with Section 34 of

Indian Penal Code.

3] Notice was issued in this matter. The

respondent No.2 - Sau. Pooja has appeared in person

before this Court and she is identified by the learned counsel

Shri S.P.Pawar.

4] The parties informed this Court that there is a

mutual settlement, which has been entered into between the

parties on 24.08.2017 and the consent terms are filed in the

Hindu Marriage Petition No. A-104/2017, pending in the

Family Court No.2 at Nagpur. According to the consent

terms, the respondent No.2 has undertaken to withdraw the

complaint made by her against the petitioner Nos.1 to 3.

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          5]               We have verified the fact and ascertained about

the correctness of the terms and conditions from the

respondent No.2 as well as the petitioners. The parties have

agreed to get the divorce by mutual consent. The

respondent No.2 is not, therefore, interested to proceed

further with the prosecution of the offences.

6] In view of above, no purpose will be served in

keeping the matter pending and 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, the first information

report and the further proceeding pending in the Court of

Judicial Magistrate, First Class, Nagpur, will have to be

quashed and set aside.

6] In the result, writ petition is allowed and the

following order is passed.

First Information Report No. 199 of 2013, dated

30.06.2013 and the Regular Criminal Case No. 3891 of 2013

pending in the Court of 13th Judicial Magistrate, First Class at

Nagpur, in respect of offence under Section 498-A, 313, 504

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read with Section 34 of Indian Penal Code against the

petitioners are hereby quashed and set aside by mutual

consent. No order as to cost.

                                JUDGE                      JUDGE

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