Bombay High Court
Puja W/O Rahul Ninave And 3 Others vs State Of Mah. Thr. Pso Umarkhed ... on 27 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 135 OF 2021
1. Sau. Puja W/o. Rahul Ninave,
Age 28 years, Occ. Household,
R/o. Nagchouk, Umarkhed,
Tah. Umarkhed, Dist. Yavatmal.
(Complainant)
2. Rahul S/o. Madhukarrao Ninave,
Age 37 years, Occ. Business,
3. Madhukarrao S/o. Sitaram Ninave,
Age 76 years, Occ. Retired,
4. Sau. Nirmalabai W/o. Madhukarrao Ninave
Age 66 years, Occ. Household,
All applicant Nos. 2 to 4 R/o. Sahyog
Colony, Karla Road, Pipari (Meghe),
Tah. & Dist. Wardha.
(Applicant nos. 2 to 4 are accused) . . . APPLICANTS
...V E R S U S..
State of Maharashtra through
P.S.O. Umarkhed,
Tah. Umarkhed, Dist. Yavatmal. . . . NON-APPLICANT
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Shri D. R. Bhoyar, Advocate for applicants.
Ms. Mayuri Deshmukh, A.P. P. for non-applicant/State.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 27.01.2021
ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-
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Heard.
2. Rule. Rule made returnable forthwith.
3. This application under Section 482 of the Code of Criminal
Procedure is jointly filed by the informant (applicant no. 1) and the
accused (applicant nos. 2 to 4) praying that the First Information
Report registered against the applicant nos. 2 to 4 vide Crime No.
193/2015 and consequent R.C.C. No. 32/2017 pending before the
learned Judicial Magistrate First Class, Umarkhed, Dist. Yavatmal be
quashed.
4. In paragraph no. 7 of the Criminal Application, it is stated
as follows :-
"7. That; as agreed between them other proceedings
as filed against each other like the case for recovery of
maintenance filed before JMFC, Umarkhed by complainant
i.e. applicant no. 1 vide Misc. Crim. Application No.-
416/2018. Similarly, the petition under Section 9 of Hindu
Marriage Act, 1955 filed by applicant no. -2 for restitution of
conjugal rights vide HMP No.- 112/2015 was also got
disposed on 16/11/2017. Thus at present only the criminal
case no.- 32/2016 arisen out of FIR lodged by applicant no.-
1 is pending and all other proceedings are disposed as agreed
between parties. Therefore it is humbly submitted that if in
the event the F.I.R. registered against Applicant No. 2 to 4 is
quashed, then both parties will be free for the marriage as
well as it will end the hostility between two families.
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Therefore, both the parties have amicably settled their
disputes and thereby also assured that they will not file any
proceeding in future. The said mutual decisions by both the
parties are taken in view of that there shall not be any
hindrance for their better future. Hence, the present
applicants have approached this Hon'ble Court thereby
praying for quashing of the said charge-sheet and further
proceeding therein."
The Criminal Application is supported by affidavit of the
informant(applicant no. 1).
5. Accepting the above submission and as the parties have
amicably worked out the matter before the trial commenced, in our
view, no fruitful purpose would be served by keeping the prosecution
pending against the applicant nos. 2 to 4.
6. Hence, the following order:-
Crime No. 193/2015 registered against the applicant nos. 2
to 4 with the non-applicant no. 1-Police Station and consequent R.C.C.
No. 32/2017 pending before the Judicial Magistrate First Class,
Umarkhed, Dist. Yavatmal are quashed.
Rule is made absolute accordingly.
JUDGE JUDGE
RR Jaiswal
