Bombay High Court
Rohini Chinmay Tapkir And 4 Others vs State Of Mah. Thr. Pso Ps Khadan ... on 24 June, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 581 OF 2021
1. Rohini Chinmay Tapkir,
Aged 27 years, Occ. Service,
R/o. Pramod Nagar, Kaulkhed,
Akola.
2. Chinmay Suresh Tapkir,
Aged 34 years, Occ. Service
3. Rajani Suresh Tapkir,
Aged 60 years, Occ. Home-maker
4. Suresh Tarachandji Tapkir,
Aged 66 years, Occ. Retired
No. 2 to 4 R/o. B-901, Sanskruti Society,
Wakad, Pune.
5. Suruchi Nainish Sahare,
Aged 39 years, Occ. Home-maker,
R/o. C-1201, Sanskruti Society,
Wakad, Tah. & Dist. Pune. . . . APPLICANTS
...V E R S U S..
State of Maharashtra through P.S.O.
Police Station Khadan, Akola. . . . NON-APPLICANT
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Shri U. J. Deshpande, Advocate for applicants.
Ms. Mrunal A. Barabde, A.P. P. for non-applicant/State.
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CORAM :- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATED :- 24.06.2021
ORAL JUDGMENT (PER : V. M. DESHPANDE, J.) :-
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1. Hearing was conducted through Video Conferencing and
learned counsel agreed that the audio and visual quality were proper.
2. Rule. Rule is made returnable forthwith. Heard finally by
consent of the parties.
3. By this application the applicants are praying for setting
aside the First Information Report (FIR) bearing Crime No. 42/2019
dated 28.01.2019 registered against the applicant nos. 2 to 5 with
Police Station Khadan, Akola for the offence punishable under Sections
498A, 323, 504 read with 34 of the Indian Penal Code and consequent
charge-sheet filed in the said crime before the jurisdictional Magistrate,
which is culminated into Regular Criminal Case No. 1267/2020
pending in the file of Judicial Magistrate First Class, Court No. 3,
Akola.
4. This application for quashment, is filed by the complainant
and the accused jointly.
5. The applicant no. 1- Rohini Chinmay Tapkir is original
complainant, who lodged the FIR bearing No. 42/2019 with Police
Station Khadan, Akola against the applicant nos. 2 to 5. The complaint
lodged by the applicant no. 1 disclose commission of cognizable
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offence and therefore, Police Officer of Police Station Khadan, Akola
registered an offence against the applicant nos. 2 to 5 for the offence
punishable under Sections 498A, 323, 504 read with 34 of the Indian
Penal Code. The Investigating Officer thereafter completed entire
investigation and file charge-sheet in the Court of learned jurisdictional
Magistrate. After filing of charge-sheet, the case is registered in the
Court of learned Judicial Magistrate First Class, Court No. 3, Akola as
R.C.C. No. 1267/2020.
6. By this application, the complainant alongwith accused
persons are praying for quashing of the FIR on the grounds that the
applicant no. 1 and the applicant no. 2 have settled their dispute
amicably.
7. This application under Section 482 of the Code of Criminal
Procedure is on affidavit of the applicant no. 1- Rohini Chinmay Tapkir
and the applicant no. 2- Chinmay Suresh Tapkir.
8. On perusal of the application as well as the documents
annexed alongwith the application would show that the applicant no. 1
and the applicant no. 2 have jointly filed petition under Section 13B of
the Hindu Marriage Act for claiming divorce in the Family Court,
Akola. The said case was registered as as F-55/2021. In the said
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proceeding, compromise took place in the Family Court and
accordingly the applicant no. 1 and 2 filed a compromise petition
dated 19.04.2021. The compromise petition is at Exh.9 in the
marriage petition bearing no. F-55/2021. Exh.9 is also placed on
record alongwith this application.
9. The learned Judge of the Family Court, Akola on
19.04.2021 allowed the petition F-55/2021 and granted decree of
divorce under Section 13B of the Hindu Marriage Act and the marriage
solemnized on 01.05.2016 between the applicant no. 1 and 2 was
ordered to be dissolved. Accordingly, it is dissolved.
10. In the petition at para no. 5, it is pointed out by the
applicant no. 1 that she has also filed the proceeding under the
Prevention of Women From Domestic Voilence Act against the
applicant nos. 2 to 5 and it was registered as MCC No. 1719/2018. The
said proceeding is also withdrawn by the applicant no. 1.
11. Since, the husband and wife (i.e. applicant no. 2 and
applicant no. 1) have resolved their dispute amicably and not only that
the learned Judge of the Family Court also granted decree of divorce
therefore, there is no relation between the husband and wife. The
applicant nos. 3 to 5 are mother-in-law, father-in-law and married
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sister-in-law of the applicant no. 1 respectively. Iin view of the
compromise and in view of the decree of divorce, it will be futile
exercise to allow to continue the criminal proceedings against the
accused as the law is already settled as per decision in the case of
Narinder Singh Vs. State of Punjab, reported in (2014) 6 SCC 466.
12. In view of the above, we pass following order:-
(i) The application is allowed.
(ii) First Information Report No. 42/2019, dated 28.01.2019
registered against the applicant nos. 2 to 5 with Police Station Khadan,
Akola for the offence punishable under Sections 498A, 323, 504 read
with 34 of the Indian Penal Code, consequent charge-sheet and R.C.C.
No. 1267/2020 pending in the file of learned Judicial Magistrate First
Class, Court No. 3, Akola are hereby quashed and set aside.
Rule is made absolute in the above terms. No costs.
JUDGE JUDGE
RR Jaiswal
