Bombay High Court
Dhiraj S/O Bhimrao Warthe And 6 ... vs State Of Mah., Thr. Pso P S ... on 7 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 NO. 1132 OF 2019
1. Dhiraj S/o Bhimrao Warthe,
Aged about 33 Years, Occ. Service,
R/o Qtr. No.44, Type-2 Building,
Central Excise Colony, Nagpur 440 006
2. Bhimrao Warthe,
Aged about 67 years, Occ. Nil,
3. Shakuntala W/o Bhimrao Warthe,
Aged about 62 years, Occ. Housewife
Both Nos. 2 and 3 are R/o Yashoda Nagar No.1,
Amravati, Tah. And Dist. Amravati 444 606
4. Meena Gopal Abhyankar,
Aged about 35 years, Occ. Service,
R/o Kailash Nagar, Amravati,
Tah. And Dist. Amravati - 444602
5. Sarika Ramdasji Sawai,
Aged about 34 Years, Occ. Housewife,
R/o Flat No.203, Ischa Residency, Ganpati Nagar,
Behind Shahnai Mangal Karyalaya, MIDC Road,
Amravati, Tah. And Dist. Amravati.
6. Gopal Narayan Abhyankar,
Aged about 37 years, Occ. Service
R/o Kailash Nagar, Amravati,
Tah. And Dist. Amravati 444602
7. Ramdas Uttamrao Sawai,
Aged about 37 years, Occ. Housewife,
R/o Flat No.203, Ischa Residency, Ganpati
Nagar, Behind Shahnai Mangal Karyalaya,
MIDC Road, Amravati, Tah and
Dist. Amravati : APPLICANTS
...VERSUS...
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1. State of Maharashtra,
Through Police Station Officer,
Police Station, Frezarpura,
Amravati, Tah. and
Dist. Amravati.
2. Sau. Madhavi W/o Dhiraj Warthe,
Daughter of Babarao Ingle,
Aged about 30 Years,
Occupation : Legal Practitioner,
R/o 50, Sanket Colony, Tapovan Gate,
Amravati, Tah and Dist. Amravati.
P.S. Frezarpura, Amravati : NON-APPLICANTS
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Shri A.K. Madane, Advocate for the applicants.
Shri M.J. Khan, Additional Public Prosecutor for the non-applicant nos.2
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CORAM : V.M.DESHPANDE &
ANIL S.KILOR, J.
DATE : 7th JANUARY, 2021
ORAL JUDGMENT (Per : Anil S. Kilor, J.)
RULE. Rule is made returnable. Heard finally by
consent of the parties.
2. This is an application moved by the applicants under
Section 482 of Code of Criminal Procedure for quashing of the
First Information Report vide Crime No. 1031 of 2019 dated 6th
October, 2019, registered with Frezarpura, on a complaint
lodged by the non-applicant no.2, against the applicants for the
offence punishable under Section 498-A read with Section 34
of Indian Penal Code.
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3. On 6th October, 2019, the non-applicant no.2 lodged
a report with the non-applicant no.1, against the applicants
stating therein that her marriage was solemnised with the
applicant no.1 on 6th April, 2017 in which her parents spent
Rs.15,00,000/-. It is alleged that after the marriage, she was
staying in a joint family and at that time the applicants
tortured her on the ground of dowry. It is further alleged that
the applicants used to abuse the non-applicant no.2 in filthy
language, whereas the applicant nos. 2 to 7 used to instigate
the applicant no.1 for demanding dowry. It is also alleged that
on 26th June, 2018, the applicants forced the complainant to
demand her share in the property of her parents and on refusal
the applicants started beating her and dragged her out of the
house. On the said complaint, the First Information Report in
question was registered against the applicants.
4. We have heard Shri A.K.Madane, learned counsel for
the applicants and Shri M.J.Khan, learned Additional Public
Prosecutor for the non-applicant no.1-State. The non-applicant
no.2 who is a lawyer, is personally present in the Court.
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5. Shri Madane, learned counsel for the applicants
submits that the dispute between the applicants and the non-
applicant no.2, has been resolved by way of settlement and
therefore, the non-applicant no.2 does not want to proceed in
the present matter against the applicants. He therefore, prays
that this Hon'ble Court may quash and set aside the First
Information Report in question.
6. The learned Additional Public Prosecutor has no
objection to set aside the First Information Report, in view of
the fact that the non-applicant no.2 who is the wife of
applicant no.1, has settled her dispute.
7. The non-applicant no.2 who is the complainant and
practicing lawyer, during interaction informed this Court that
she is not interested in pursuing the criminal complaint lodged
by her against the applicants and thus she prayed this Court to
quash and set aside the First Information Report in question.
8. We have given our conscious thoughts to the facts
and circumstances of the case and also perused the relevant
documents available on record.
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9. There is no dispute that it is a matrimonial dispute
and the parties have settled their dispute and now in view of
the compromise arrived at between them, the non-applicant
no.2 does not want to proceed in the present criminal
complaint lodged by her against the applicants. Hence, we do
not find any possibility of culminating the prosecution against
the applicants into conviction. Therefore, to secure the ends of
justice, we are of the opinion that the present application needs
to be allowed. Accordingly, we pass the following order.
ORDER
i. The Criminal Application No. 1132 of 2019 is allowed.
ii. The First Information Report No. 1031 of 2019 dated 6 th
October, 2019 registered with Police Station, Frezarpura, Dist.
Amravati for the offence punishable under Section 498-A, read with
Section 34 of Indian Penal Code qua the applicants, is hereby
quashed and set aside.
iii. The Criminal Application is disposed of. No order as to
costs.
JUDGE JUDGE
sknair
