Smt. Shobha Nitin Sharma vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 2058 Bom

 Judgment                                     1                                  apl914.18.odt




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

                     CRIMINAL APPLICATION (APL) NO. 914/2018

 1]       Smt. Shobha Nitin Sharma,
          Aged about 30 years, Occ. Nil

 2]       Shri Nitin Rajendra Sharma,
          Aged about 33 years, Occ. Service

 3]       Shri Rajendra Swardin Sharma,
          Aged about 56 years, Occ. Service

 4]       Smt. Surekha Rajendra Sharma,
          Aged about 54 years, Occ. Nil

          All R/o. Defense Qtr. No. 9/52/3,
          Wadi, Nagpur City, Nagpur
                                                                      .... APPLICANT(S)

                                        // VERSUS //

          The State of Maharashtra,
          Through Police Station Officer,
          Wadi Nagpur City, Nagpur
          Dist. Nagpur
                                                         .... NON-APPLICANT
  ___________________________________________________________________
             Ms. S.B. Khobragade, Advocate for the applicant(s)
                   Shri N.S. Rao, APP for the non-applicant
  ___________________________________________________________________

                               CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : 01/02/2021

ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.)

1] Heard.

 2]               RULE. Rule made returnable forthwith.

 ANSARI




  Judgment                                   2                                apl914.18.odt




 3]               This is an application under Section 482 of the Code of Criminal

Procedure challenging registration of F.I.R. No. 143/2012 for the offences

punishable under Sections 498-A and 34 of the Indian Penal Code with the

non-applicant no. 1 - Police Station. The first information report came to be

registered against the applicant nos. 2 to 4 with the accusations that the

applicant nos. 2 to 4 physically and mentally harassed the applicant no. 1.

Pending the investigation, the applicants have amicably resolved their

dispute. The applicant no. 1 is the wife, the applicant no. 2 is the husband

and applicant nos. 3 and 4 are the father and mother of the applicant no. 2.

4] During the pendency of the present application, the parties have

arrived at amicable settlement before the Civil Judge Senior Division,

Nagpur. The terms of settlement between the applicant nos. 1 and 2 have

been placed on record at page 74. The applicants have made categorical

statement in the present application that they have amicably resolved their

dispute which has been affirmed by the applicant no. 1 - wife.

5] In view of the amicable settlement arrived at between the

applicant nos. 1 and 2 that they will put an end to all the disputes pending

between them and shall withdraw all the proceedings filed against each

other, no purpose will be served in proceeding with the trial pending before

ANSARI

Judgment 3 apl914.18.odt

the learned Judicial Magistrate First Class, Nagpur. Taking into consideration

the nature of the offences alleged against the applicant nos. 2 to 4 which are

personal in nature, we are satisfied that the first information report

registered against the applicant nos. 2 to 4 deserves to be quashed and set

aside.

6] Hence, the following order:-

F.I.R. No. 143/2012 registered with the non-applicant no. 1 -

Police Station for the offences punishable under Sections 498-A

and 34 of the Indian Penal Code against the applicant nos. 2 to

4 is quashed and set aside.

Rule is made absolute in the above terms.

                   JUDGE                                    JUDGE




 ANSARI