Bombay High Court
Rupak S/O Dnyaneshwar Mahajan And ... vs State Of Mah., Thr. P.S.O. ... on 5 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 289 OF 2020
1. Rupak S/o Dnyaneshwar Mahajan,
Age 27 Years, Occ. Business,
2. Dnyaneshwar S/o Shripat Mahajan,
Age 53 Years, Occ. Business,
3. Kavita W/o Dyaneshwar Mahajan,
Age 47 Years, Occ. Housewife,
4. Apeksha D/o Dnyaneshwar Mahajan,
Age 20 Years, Occ. Student,
All R/o : Near Sai Mandir, Plot No.32,
Ayodhya Nagar, Nagpur
5. Sapna D/o Sheshrao Thenge,
(After marriage Sapna W/o Rupak Mahajan)
Aged about 25 Years, Occ. Service,
R/o Ward No.3, Khapa Road, Vishwa Manav
Ruani Kendra Ajani, Khangaon, Ajni,
Dist. Nagpur : APPLICANTS
...VERSUS...
The State of Maharashtra,
Through its Police Station Officer,
Police Station Hudkeshwar, Dist. Nagpur : NON-APPLICANT
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Mr. Prakash Jaiswal, Advocate for the applicant nos. 1 to 4
Mr. S.K.Gulam Kedar, Advocate for the applicant no.5.
Mr. S.M.Ghodeswar, Additional Public Prosecutor for the non-applicant.
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CORAM : V.M. DESHPANDE &
ANIL S.KILOR, J.
DATE : 5th JANUARY, 2021.
ORAL JUDGMENT (Per : Anil S. Kilor, J.)
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1. Rule. Rule is made returnable forthwith. Heard finally
with the consent of the learned counsel for the respective parties.
2. The complainant and the accused persons in Crime No.
722 of 2018 dated 26th December, 2018, have approached to this
Court for quashing of the said First Information Report and the
Chargesheet bearing No. 183 of 2019 which is culminated into
Regular Criminal Case No. 4018 of 2019, pending before Judicial
Magistrate First Class, Corporation Court No.2, Nagpur for the
offences punishable under Section 498-A read with 34 of Indian
Penal Code.
3. Applicant no.5 is the complainant and the wife of
applicant no.1. The marriage of applicant no.1 and applicant no.5
was solemnised on 28th February, 2018 at Nagpur and within a
period of one year on 27th December, 2018 a criminal complaint
came to be lodged by the applicant no.5 against the applicant nos.
1 to 4, alleging therein that the applicant nos. 1 to 4 have ill-treated
her for not fulfilling demand of Rs.3,00,000/- to purchase four
wheeler and on other grounds. On this complaint, the First
Information Report was registered for the offence punishable under
Section 498-A read with Section 34 of Indian Penal Code against
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the applicant nos. 1 to 4.
4. Heard Shri Prakash Jaiswal, learned counsel for the
applicant nos. 1 to 4, Shri S.K.Gulam Kedar, learned counsel for the
applicant no.5 and Shri S.M. Ghodeswar, learned Additional Public
Prosecutor for the non-applicant/State.
5. Shri Jaiswal, learned counsel for the applicant nos. 1 to
4, draws attention of this Court to the compromise arrived at
between the applicant no.1 and the applicant no.5. He submits
that in view of the terms of the compromise, the dispute has been
resolved and accordingly the applicant no.5 does not want to
proceed against the applicant nos. 1 to 4 in the crime in question.
6. Shri Jaiswal, learned counsel for the applicant nos. 1 to
4, has further drawn attention of this Court to the affidavit filed by
the applicant no.1 and applicant no.5, jointly stating therein that a
petition for divorce by mutual consent under Section 13(B) of
Hindu Marriage Act is pending before the Family Court, Nagpur
and same was filed in view of the settlement.
7. Shri Jaiswal, learned counsel for the applicant nos. 1 to
4, further argues that as per the compromise it was agreed between
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the parties that the applicant no.1 shall pay Rs.7,00,000/- towards
maintenance to the applicant no.5 and returned back Stridhan
articles to the applicant no.5 and also pay Rs.1,50,000/- to the
parents of applicant no.5. It is submitted that the said amount has
already been paid by the applicant no.1 and received by the
applicant no.5. Accordingly, he submits that looking to the nature
of dispute which is matrimonial, this Court may quash the First
Information Report, Chargesheet and other proceedings, in
question.
8. Today, the applicant no.1 and applicant no.5 both are
personally present in the Court and they are identified by the
learned counsel for the applicant nos. 1 to 4 and learned counsel
for the applicant no.5. On interaction with the applicant no.5, she
has admitted receipt of the amount as per the compromise.
Applicant no.5 has specifically informs this Court that in view of the
compromise, she does not want to proceed in the matter and
therefore she prays for quashing of the First Information Report,
Chargesheet in question.
9. Looking to the nature of the dispute involved in the
present matter which is admittedly a matrimonial dispute and
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further looking to the fact that both the applicant nos. 1 and 5 have
settled the matter, moreover because learned Additional Public
Prosecutor is present and representing the non-applicant/State, we
are of the opinion that this matter can be disposed of even without
issuing notice. Accordingly, we have proceeded in the matter,
without issuing notice to non-applicant.
10. After going through the contents of the First Information
Report, we find that the allegations are vague and general in
nature. The pre-requisites to attract the Section 498-A of Indian
Penal Code are missing. In addition to the same, since the
applicant no.1 and applicant no.5 have settled the dispute between
them and as per the compromise, the applicant no.1 has already
paid the amount as agreed between them, it is unlikely that in the
above referred backdrop the prosecution would culminate into
conviction of the applicant nos. 1 to 4, therefore, to secure the ends
of justice, we are of the convinced opinion that in the present
matter, this Court should exercise its inherent power under Section
482 of the Code of Criminal Procedure. Accordingly, we pass the
following order.
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ORDER
i. Criminal Application No. 289 of 2020 is allowed.
ii. Chargesheet No. 183 of 2019 and proceeding bearing
R.C.C. No. 4018 of 2019 pending before Judicial Magistrate First
Class, Corporation Court No.2, Nagpur, alongwith First Information
Report No. 722 of 2018 for the offences punishable under Section
498-A read with 34 of Indian Penal Code, are quashed and set
aside.
iii. The Criminal Application is disposed of. No order as to
costs.
JUDGE JUDGE
sknair
