Kunal S/O Chandulal Patil And 3 ... vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 1263 Bom

 Judgment                                 1                                   apl84.21.odt




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


                      CRIMINAL APPLICATION (APL) NO. 84/2021


 1]       Kunal S/o Chandulal Patil (Husband)
          Aged about 30 years, Occ. Private Job,

 2]       Kalpana W/o Chandulal Patil (Mother-in-Law)
          Aged about 50 years, Occ. Housewife,

 3]       Chandulal S/o Keshavrao Patil (Father-in-Law)
          Aged about 58 years, Occ. Retired,

 4]       Pooja D/o Chandulal Patil (Sister-in-Law)
          Aged about 23 years, Occ. Student,

          Applicant Nos. 1 to 4 are R/o A-18,
          Rukhmini Complex, Mahendra Colony,
          Kridangan, Near Water Tank, Jaitala,
          Nagpur, Tq. & Dist. Nagpur

 5]       Kimaya W/o Kunal Patil (Wife)
          Aged about 29 years, Occ. Housewife,

          R/o Plot No.55, Amravati Road, Near Lokmanya
          Tilak Vidyalaya, Indrayani Nagar, Dattawadi,
          Nagpur, Tq. & Dist. Nagpur
                                                                  .... APPLICANT(S)

                                   // VERSUS //

          State of Maharashtra,
          Through Police Station Officer,
          Police Station - M.I.D.C., Nagpur
          Tahsil & District Nagpur
                                                         .... NON-APPLICANT
  ___________________________________________________________________
               Shri A.J. Mirza, Advocate for the applicant(s)
                Shri S.D. Sirpurkar, APP for the non-applicant
  ___________________________________________________________________



 ANSARI



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  Judgment                                     2                                apl84.21.odt




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

DATED : 19/01/2021

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

1] Heard.

 2]               RULE. Rule made returnable forthwith.



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

Procedure challenging F.I.R. No. 778/2019 dated 04/11/2019 registered

with the non-applicant - Police Station for the offences punishable under

Sections 498-A and 34 of the Indian Penal Code and consequent Charge-

sheet No. 0/2020 dated 29/09/2020. The first information report is

registered against the applicant nos. 1 to 4 with the allegations that the

applicant nos. 1 to 4 physically and mentally harassed the applicant no. 5. It

was also alleged that there was demand for dowry by the applicant

nos. 1 to 4.

4] The applicants have placed on record the copy of the settlement

entered into between the applicant nos. 1 to 4 and applicant no. 5 before the

Family Court No. 4, Nagpur. As per the terms of settlement, all the

matrimonial disputes between the applicant nos. 1 to 4 and applicant no. 5

ANSARI

Judgment 3 apl84.21.odt

have been settled. It is also agreed in Clause (6) of the terms of settlement

that the applicant no. 5 shall withdraw the proceedings under Section 498-A

of the Indian Penal Code. The applicants have also invited our attention to

the judgment of the Family Court No. 4, Nagpur in Petition

No. A-1442/2019 wherein the learned Judge of the Family Court No. 4,

Nagpur has recorded that there is no dispute between the applicant nos. 1 to

4 and applicant no. 5 as regards their matrimonial issues. The applicant no. 5

has agreed to withdraw the complaint under Section 498-A of the Indian

Penal Code pending before the Judicial Magistrate First Class, Nagpur.

5] We have carefully considered the contents of the first

information report and the terms of settlement. From the allegations in the

first information report, it appears that the offences alleged against the

applicant nos. 1 to 4 are personal in nature. In view of the judgment of 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, there is no impediment

in quashing the first information report registered against the applicant

nos. 1 to 4. We are therefore satisfied that continuance of the proceedings

against the applicant nos. 1 to 4 would amount to abuse of process of law.

 ANSARI




  Judgment                                   4                                 apl84.21.odt




 6]               Hence, the following order:-

F.I.R. No. 778/2019 dated 04/11/2019 registered with the non-

applicant - Police Station alongwith Charge-sheet

No. 0/2020 dated 29/09/2020 pending before the Judicial

Magistrate First Class, Nagpur for the offences punishable under

Sections 498-A and 34 of the Indian Penal Code are quashed

and set aside.

Rule is made absolute in the above terms.

                   JUDGE                                    JUDGE




 ANSARI