Bombay High Court
Ashish Anil Madewar And Others vs State Of Maharashtra Thr. P.S.O. ... on 22 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 apl247.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.247 OF 2018
1. Ashish Anil Madewar,
Aged about 39 Years, Occ.: - Service,
2. Anil Gunwantrao Madewar,
age abut 75 years,
Occ.- Retired from Service.
Mobile No.9822264766
3. Sau. Jyoti Anil Madewar,
Aged about 58 years,
Occ : Housewife.
Applicants No. 1 to 3 are
Resident of Vir Wamanrao
Chawk, Tilak Wadi, Near
Dr. Dabere Hospital, Tq. &
Dist. Yavatmal . . . APPLICANTS
...V E R S U S..
1. State of Maharashtra
through P.S.O., Wadgaon
Road (Audhut Wadi), Tq. &
Dit. Yavatmal.
2. Sau. Komal Ashish Madewar,
Aged about 30 years, Occu: House hold,
R/o. C/o. Kishor Vasantrao
Muttelwar, Malipura, Tilak
Chowk, Ward No.22, Wani,
Tq. Wani Dist. Yavatmal. . . . NON-APPLICANTS
-------------------------------------------------------------------------------------------
Shri A.B.Mirza, Advocate for applicants.
Shri T.A. Mirza, Additional Public Prosecutor for Non-applicant
no.1.
Shri Anil A. Dhawas, Advocate for respondent no.2.
-------------------------------------------------------------------------------------------
::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 14:59:43 :::
2 apl247.2018.odt
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 22/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. This is an application filed under Section 482 of the
Code of Criminal Procedure challenging First Information Report
No.187/2018 dated 22.2.2018 registered with the non-applicant
no.1 - Police Station for offence punishable under Section 498-A
read with Section 34 of the Indian Penal Code.
4. The First Information Report came to be registered
against the applicants with the allegations that the applicants
physically and mentally harassed the non-applicant no.2. The non-
applicant no.3 was thrown out of matrimonial home by the
applicants and, therefore, the non-applicant no.2 lodged First
Information Report with the non-applicant no.1- Police Station on
22.2.2018.
5. The applicant has, therefore, filed present
application challenging registration of the First Information
Report. This Court on 26.3.2018 issued notice to the non-applicant
::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 14:59:43 :::
3 apl247.2018.odt
no.2. The non-applicant nos.1 and 2 have filed their reply and
contested the application.
6. Shri A.B.Mirza, learned Advocate for the applicants
has placed on record a copy of the judgment in Hindu Marriage
Petition No.306/2017. The non-applicant no.2 and the applicant
no.1 have resolved their dispute by entering into agreement. The
said agreement has been affirmed before the Office
Superintendent, Civil Judge, Senior Division, Yavatmal. Clause (3)
of the said agreement specifically refers to the present
proceedings. The non-applicant no.2 had agreed to withdraw of
the Civil and Criminal proceedings. In view of the statement of the
non-applicant no.2 in the compromise terms before the Civil
Judge, Senior Division, Yavatmal, to withdraw the proceedings
under Section 498-A of the Indian Penal Code, we are satisfied
that the First Information Report impugned in the present
application deserves to be quashed and set aside. We, therefore,
pass the following order:
ORDER
First Information Report No.187/2018 dated
22.2.2018 registered with the non-applicant no.1 Police Station
for offences punishable under Section 498-A read with Section 34
4 apl247.2018.odt
of the Indian Penal Code is quashed and set aside.
Rule is made absolute in the aforesaid terms.
JUDGE JUDGE
Ambulkar
