Bombay High Court
Trupti Shrikant Sonekar And ... vs State Of Mah. Thr. Pso Ps ... on 23 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apl702.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 702/2021
1] Mrs. Trupti Shrikant Sonekar
@ Trupti Dilip Tarekar,
Aged 36 years, Occ. Service,
R/o. Tarekar Bhavan, Radha Nagar,
Morshi Road, Akash Travel,
Amravati, Tah. & Dist. Amravati
2] Mr. Shrikant Vijayrao Sonekar,
Aged 42 years, Occ. Service
R/o. Near Sai Mandir, Govt. Press
Colony, Dabha Area, Wadi, Nagpur
Tah. & Dist. Nagpur
.... APPLICANT(S)
// VERSUS //
State of Maharashtra,
Through P.S.O.,
Police Station Gittikhadan,
Nagpur, District Nagpur
.... NON-APPLICANT
*******************************************************************
Shri M.V. Rai, Advocate for the applicant no. 1
Shri N.S. Warulkar, Advocate for the applicant no. 2
Shri S.M. Ghodeswar, APP for the non-applicant/State
*******************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
JULY 23, 2021
Judgment 2 apl702.21.odt
ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)
1] Though this application is coming for the first time before this
Court, after hearing the learned advocates for the applicants and learned APP
for the non-applicant/State and after perusing the documents annexed along
with this application, we are of the view that today itself this application can
be disposed of finally.
2] Hence, RULE. Rule made returnable forthwith. Heard finally by
consent of the parties.
3] The applicant no. 1 - Trupti Shrikant Sonekar is represented by
Shri M.V. Rai, Advocate whereas the applicant no. 2 - Shrikant Vijayrao
Sonekar is represented by Shri N.S. Warulkar, Advocate and the State is
represented by Shri S.M. Ghodeswar, learned APP. The applicant no. 1 and
applicant no. 2 married with each other on 31/01/2016 and they started
cohabiting.
4] It appears that during their matrimony, there was a discord
between the applicants. Resultantly, the applicant no. 1 lodged first
information report with Police Station Gittikhadan on 08/04/2016
culminating into registration of the offence vide Crime No. 123/2016 for the
offences punishable under Sections 498-A, 323, 504, 506 read with Section
Judgment 3 apl702.21.odt
34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act
against the applicant no. 2 and in-laws. The applicant no. 2 along with his
parents and relatives who were accused in the said first information report
approached to this Court for quashing of the said first information report by
filing Criminal Application (APL) No. 373/2016. The application was
contested by the applicant no. 1. Vide judgment dated 19/03/2019, this
Court (Coram : Sunil B. Shukre & Pushpa V. Ganediwala, JJ.) partly allowed
the said criminal application thereby offences under Sections 323, 504, 506
read with Section 34 of the Indian Penal Code were quashed and set aside.
Similarly, the offence punishable under Section 498-A of the Indian Penal
Code was also quashed qua the in-laws and the other relatives. However, it
was observed by this Court in the said judgment that the charge-sheet can be
filed against the applicant no. 2 - husband for the offence punishable under
Section 498-A of the Indian Penal Code.
5] The judgment in Criminal Application (APL) No. 373/2016 was
not questioned by the wife by approaching before the Hon'ble Supreme
Court. In that view of the matter, it has attained its finality.
6] Be that as it may, the Investigating Officer thereafter filed final
report under Section 173 of the Code of Criminal Procedure against the
Judgment 4 apl702.21.odt
applicant no. 2 - husband for the offence punishable under Section 498-A of
the Indian Penal Code.
7] It is to be noted that according to the learned advocate for the
applicant no. 2 - husband, he approached to this Court by filing Criminal
Application (APL) No. 1276/2019 and challenged the proceedings filed by
the applicant no. 1 - wife under the provisions of the Protection Of Women
From Domestic Violence Act. In the Criminal Application (APL)
No. 1276/2019, this Court (Coram : Rohit B. Deo, J.) referred the matter for
mediation. Before the learned Mediator, the husband and wife settled their
dispute and agreement was executed in presence of the learned Mediator.
The said agreement is also placed on record along with this application. The
applicants also made statement on oath in this application that they have put
an end to their matrimony and got divorced on 03/05/2021.
8] Since the husband and wife settled their dispute before the
learned Mediator and they have separated by putting an end to their
matrimony, we are of the view that there is no impediment in quashing the
first information report and consequent proceedings registered against the
applicant no. 2 - husband.
Judgment 5 apl702.21.odt
9] Resultantly, we pass the following order :-
(a) The criminal application is allowed.
(b) F.I.R. No. 529/2016 (Crime No. 123/2016) dated
08/04/2016 registered with the non-applicant - Police Station
and criminal case i.e. R.C.C. No. 3163/2019 pending on the file
of learned Judicial Magistrate First Class, Nagpur against the
applicant no. 2 for the offence punishable under Section 498-A
of the Indian Penal Code are quashed and set aside.
Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
ANSARI
