Bombay High Court
Dilip S/O. Manikrao Navghare And ... vs State Of Maharashtra Thr. Police ... on 6 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.328 OF 2018
1) Dilip s/o. Manikrao Navghare,
Aged about 35 years,
Occ. Medical Practitioner.
2) Manikrao s/o. Chandrabhan Navghare,
Aged about 60 years, Occ. Agriculturist.
3) Pushpa w/o. Manikrao Navghare,
Aged about 55 years,
Occ: household work,
Nos.1 to 3 R/o. Lakhpuri,
Tah. Murtizapur, District Akola.
4) Gopal s/o. Manikrao Navghare,
Aged about 36 years,
Occ.: Business (Tailor).
5) Sau. Mangla w/o. Gopal Navghare,
Aged about 30 years,
Occ.: Household work.
Nos. 4 and 5 R/o. Sut Girni Road,
Chakradhar Nagar, Amravati.
6) Savitrin w/o. Govindrao Lahore,
Aged about 70 years, Occ.: Household work,
R/o. Umbarda, Post-Injori, Tah. Manora,
District -Washim.
7) Gajanan s/o Pandurang Nakhale,
Aged about 48 years,
Occ.: Business,
8) Sau. Durga @ Anuradha w/o. Gajanan Nakhale,
Aged about 42 years, Occ.: Household work.
Nos.7 & 8 R/o. Tilak Chowk,
Karanja, Tah. Karanja (Lad), District -Washim.
9) Abarao s/o. Kisan Aamle,
Aged about 65 years, Occ.: Retd.
10) Mala w/o. Abarao Aamle,
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Aged about 60 years, Occ.: Household work,
Nos.9 & 10 R/o. Gokul Colony,
Akola, Tah. And District -Akola. .... APPLICANTS
// VERSUS //
1) State of Maharashtra,
Through Police Station Officer,
Police Station, Murtizapur,
District Akola.
2) Sau. Shraddha w/o. Dilip Navghare,
Aged about 30 years,
Occ.: Household work, R/o. C/o. Deorao Mehere,
Near Vitthal Mandir, Patur,
Tah. Patur, District -Akola. .... NON-APPLICANTS
Shri S.S. Dhengle, Advocate for applicants.
Shri S.M. Ghodeswar, Addl. P.P. for State.
Shri U.J. Deshpande, Advocate for non-applicant No.2.
________________________________________________________________
CORAM : V. M. DESHPANDE AND
ANIL S. KILOR, JJ.
DATE : 06th JANUARY, 2021.
JUDGMENT: [PER: Anil S.Kilor, J.]
Rule. Rule made returnable forthwith. The matter is
heard finally with the consent of the learned counsel for the parties.
2. By the present application under Section 482 of the
Code of Criminal Procedure, the applicants are praying for quashing
of the First Information Report bearing No.24 of 2018, dated
29.01.2018, registered on a complaint made by non-applicant No.2
against the applicants for the offence punishable under Section
498-A of the Indian Penal Code.
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3. The non-applicant No.2 is the complainant and the
applicant no.1 is her husband. The applicant Nos.2 and 3 are the
father-in-law and mother-in-law respectively and the other
applicants are the close relatives of the applicant No.1.
4. It is the case of the prosecution that the non-applicant
No.2 lodged a criminal report on 29.01.2018, with the police station
Murtizapur against the present applicants, alleging therein that after
her marriage on 14.05.2011, she was harassed by her husband as
well as other relatives of the husband on account of dowry. It is
alleged that the applicant Nos.2 to 9 used to instigate the applicant
No.1 to harass the complainant, thereupon the crime in question
was registered.
5. We have heard Shri S.S. Dhengre, the learned counsel
for the applicants, Shri S.M. Ghodeswar, learned Additional Public
prosecutor for the State and U.J. Deshpande, learned counsel for the
non-applicant No.2.
6. The learned counsel for applicants and non-applicant
No.2, jointly urged that the dispute between applicant No.1 and
non-applicant No.2, has been resolved and now in view of the
settlement, the non-applicant No.2 does not want to proceed against
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the applicants in the crime in question. It is submitted that in view
of the settlement, the applicant no.1 and the non-applicant No.2
have obtained mutual decree of divorce in Hindu Marriage Petition
No. 372 of 2018 on 25.06.2019.
7. The learned counsel for the applicants and non-
applicant No.2 drew attention of his Court to the compromise deed
and the decree of divorce passed by the learned 3 rd Joint Civil Judge
Senior Division, Akola and prayed for quashment of the First
Information Report in question, in view of the settlement.
8. The learned Additional Public Prosecutor for the State
has no objection, particularly, looking to the dispute involved in the
present matter, which is a matrimonial dispute.
9. We have given conscious thought to the facts and
circumstances of the case and perused the relevant documents.
10. From the compromise arrived at between the applicant
No.1 and non-applicant No.2, it is clear that both have agreed to
withdraw all the cases filed by them against each other. In view of
the settlement, even the learned lower Court has passed the decree
of divorce and thereby the marriage of the applicant No.1 and the
non-applicant No.2 has been dissolved.
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11. There is no dispute that it is a matrimonial dispute and
since both the parties have settled the matter and decided not to
proceed against each other in any of the matters, filed against each
other, we are of the considered view that even if the applicants are
forced or compelled to face the trial, it is unlikely that the same
would culminate into conviction of any of the applicants. Therefore,
to sub-serve the ends of justice, we are of the considered view that
in peculiar facts and circumstances, this is a fit case to exercise
jurisdiction under section 482 of the Code of Criminal Procedure.
Accordingly, we pass following order:
ORDER
i) The criminal application is allowed.
ii) The First Information Report No.24 of 2018, dated
29.01.2018, registered with Police Station, Murtizapur, District
Akola, against the applicants for the offences punishable under
Section 498-A of the Indian Penal Code, is hereby quashed and set
aside.
iii) The application is dispose of, no order as to costs.
JUDGE JUDGE
nd.thawre
