Bombay High Court
Pankaj S/O Suresh Borkar And 3 ... vs The State Of Maharashtra, Thr. ... on 29 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 1-J-APL-148-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.148 OF 2021
1. Pankaj s/o Suresh Borkar,
Aged about : 33 yrs.,
Occ. : Pvt. Service.
2. Mrs. Hemlata w/o Suresh Borkar,
Aged about : 58 yrs.,
Occ. : Household,
All 1 to 2 R/o B-2/4, Savitri
Vihar, Near Apna Bhandar,
Somalwada, Wardha Road,
Nagpur.
3. Megha W/o Tushar Godbole,
Aged about : 36 yrs.,
Occ. : Household,
R/o H. L. Company, Quarter
No.242, Type-III-B, Onzar
Township, Post Onzar,
Dist. - Nashik.
4. Shilpa Divorcee of Pankaj Borkar,
Aged about : 30 years,
Occ. : Private Service, R/o Plot
No.15, Borkute Layout,
Pragatisheel Colony, Opposite Sai
Mandir, Wardha Road,
Nagpur - 15. ... APPLICANTS
VERSUS
The State of Maharashtra,
Through P.S.O., P.S., Sonegaon,
Nagpur. ... NON-APPLICANT
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S/Shri A. S. Band and A. M. Balpande, Advocates for applicant
Nos.1, 2 and 4.
Shri S. D. Sirpurkar, Additional Public Prosecutor for Non-
applicant-State.
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2 1-J-APL-148-21.odt
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 29/01/2021.
ORAL JUDGMENT : (PER : Z.A. HAQ, J.)
1. Heard.
2. Rule. Rule made returnable forthwith.
3. The accused / applicant Nos.1 to 3 and the
Informant - Applicant No.4 have jointly filed this application
under Section 482 of the Code of Criminal Procedure praying that
Regular Criminal Case No.975/2015 registered against the
applicant Nos.1 to 3 and pending before the learned Judicial
Magistrate First Class, Court No.8, Nagpur for the offences
punishable under Sections 498-A and 506 r/w Section 34 of the
Indian Penal Code be quashed.
4. Undisputedly, marriage was solemnized between
the applicant No.1 and the applicant No.4. Applicant No.2 is
mother of applicant No.1 and applicant No.3 is sister of applicant
No.1. According to the parties, the matter is amicably worked out
and as per the terms of settlement, the applicant No.1 and the
3 1-J-APL-148-21.odt
applicant No.4 had jointly moved application before the Family
Court, Nagpur praying for decree of divorce and by judgment
dated 5th November, 2020, the Family Court has granted decree of
divorce. According to the applicant No.4, she has no grudge
against the applicants. She is not interested in prosecution of the
applicant Nos.1 to 3. The criminal application is supported by an
affidavit of the applicant No.4. It is stated that the trial has not yet
been commenced.
5. Considering the above facts, we are of the view that
as the complaint of applicant No.4 against the applicant Nos.1 to 3
was relating to personal nature and in view of settlement between
the parties and as trial has not yet been commenced, the pendency
of the prosecution will ultimately be of no fruitful purpose and it
may amount to abuse of process of Court.
6. Hence, we pass the following order :-
The proceedings of Regular Criminal Case
pending before the learned Judicial Magistrate First
Class, Court No.8, Nagpur is quashed.
4 1-J-APL-148-21.odt
7. Rule is made absolute in the above terms.
CRIMINAL APPLICATION (APPP) ST. NO.648 OF 2021
In view of disposal of the Criminal Application
(APL) No.148/2021, this application for grant of time to file
certified copy of charge-sheet does not survive, hence it is
disposed.
JUDGE JUDGE
Choulwar
