Sanjay S/O. Bhimrao Damre And ... vs The State Of Maharashtra Thr. ...
2018 Latest Caselaw 769 Bom

APL No.54/2018                                    1

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

                    CRIMINAL APPLICATION [APL] NO.54 OF 2018

Applicants                  :   1] Sanjay s/o Bhimrao Damre,
                                   aged about 37 years, Occupation  :  Private Service.

                                 2] Sachin s/o Bhimrao Damre,
                                    aged about 34 years, Occupation : Service.

                                 3] Sau. Shoba w/o Bhimrao Damre,
                                    aged about 58 years, Occupation : Household.
.

4] Sau. Sunita w/o Pawankumar Padmane, aged about 35 years, Occupation : Service.

All Applicants No.1 to 4 are R/o Manav Nagar, Plot No.155, Near Gulshan Nagar, Ajit Bhakre Matimand School, Dighori, Nagpur.

-- Versus --

Non-Applicants : 1] The State of Maharashtra, through Police Inspector, Nandanvan Police Station, Nagpur.

2] Mrs. Mangala w/o Sanjay Damre, aged about 35 years, Occupation : Service, R/o C/o Indubai Maroti Sonekar, Sanjay Nagar, Pandhrabodi, Near Ambazari Lake, Nagpur.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-= Mrs. S.K. Paunikar, Advocate for the Applicants. Mrs. K.S. Joshi, A.P.P. for the Non-Applicant No.1/State. Shri K.S. Paunikar, Advocate for the Non-Applicant No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

C ORAM : SMT. VASANTI A. NAIK & ARUN D. UPADHYE, JJ

DATE : 22 nd JANUARY, 2018.

ORAL JUDGMENT :- (Per Smt. Vasanti A. Naik, J.)

The criminal application is admitted and heard finally at the

stage of admission with the consent of the learned Counsel for the parties.

By this criminal application, the applicants seek for the quashing

and setting aside of the first information report in Crime No.368/2015

registered against the applicants for the offences punishable under Sections

498-A, 504, 506, 323 read with Section 34 of the Indian Penal Code. The

applicants have also sought for the quashing of the proceedings before the

Judicial Magistrate First Class.

The marriage between the applicant no.1 and the non-applicant

no.2 was solemnized at Nagpur on 04/06/2015. The non-applicant no.2

started residing in the family of the applicant no.1 after the solemnization of

the marriage. The non-applicant no.2 resided in the family of the applicants

only for two months and since there were differences between the applicants

and the non-applicant no.2 during the period of two months, it is the case of

the applicants that in a fit of rage, the non-applicant no.2 had filed the

complaint against the applicants for the offences punishable under Sections

498-A, 504, 506 and 323 of the Indian Penal Code. It is stated that the

applicant no.1 and the non-applicant no.2 have filed a joint petition in the

Family Court with a prayer for a decree under Section 13-B of the Hindu

Marriage Act, 1955. It is stated that since the parties have amicably settled

the dispute between them and the applicants and the non-applicant no.2 have

decided to tread on different paths, in the interest of justice, the first

information report registered against the applicants be quashed and set aside.

It is stated that the non-applicant no.2 does not wish to proceed against the

applicants in view of the compromise between the parties. In the

circumstances of the case, the applicants have sought for the quashing and

setting aside of the first information report and the proceedings pending

before the learned Judicial Magistrate First Class.

All the applicants and the non-applicant no.2 are personally

present in the Court today. We have made some queries to the non-applicant

no.2. The non-applicant no.2 has clearly stated that she is not desirous of

seeking any action against the applicants in pursuance of the complaint

lodged by her against them in respect of the aforesaid offences. It is stated

that the parties have decided to dissolve the marriage solemnized between

her and the applicant no.1 by a decree of divorce by consent. It is stated by

the non-applicant no.2 that she does not wish to proceed against the

applicants.

After hearing the applicants and the non-applicant no.2, we are

of the view that a case is made out for quashing and setting aside of the first

information report registered against the applicants. The applicant no.1 and

the non-applicant no.2 had filed a joint petition for a decree of divorce by

consent. They have settled their dispute amicably and have decided to

dissolve the marriage. Both the parties have agreed that the proceedings filed

by them against each other would be withdrawn. If the non-applicant no.2 is

not desirous of prosecuting the applicants, it is most unlikely that the

prosecution against the applicants would result in their conviction. If that is

so, the continuation of the proceedings against the applicants would result in

the abuse of the process of the Court. In the peculiar circumstances of the

case, by following the law laid down by the Hon'ble Supreme Court in the

case of Narinder Singh and others vs. State of Punjab and another reported in

(2014) 6 SCC 466, it would be necessary to quash and set aside the first

information report registered against the applicants with a view to secure the

ends of justice and to prevent the abuse of the process of the Court.

Hence, for the reasons aforesaid, the criminal application is

allowed. The first information report registered against the applicants is

quashed and set aside. The proceedings pending before the Judicial

Magistrate First Class bearing R.C.C. No.13831/2015, State vs. Sanjay Damre

and others, are also quashed and set aside. Order accordingly.

                         JUDGE                                  JUDGE 
*sdw