Bombay High Court
Mohit S/O Govind Latta And 4 Others vs State Of Maharashtra, Thr. Pso Ps ... on 30 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. 846 OF 2020
APPLICANTS : 1] Mohit S/o Govind Latta,
Aged about 32 years, Occu. Service,
R/o Flat No. 203, Ratan Apartment,
Behind Agyaram Devi Mandir,
Ganesh Peth, Nagpur, Tq. & Dist. Nagpur.
2] Govind S/o Dwarkaprasad Latta,
Aged about 62 years, Occu. Retired,
R/o Opp. Pahadi Mata Mandir, Near
Sakhare Guruji School, Ganeshpeth,
Nagpur, Tq. & Dist. Nagpur.
3] Sau. Saroj W/o Govind Latta,
Aged about 55 years, Occu. Household
R/o Opp. Pahadi Mata Mandir, Near
Sakhare Guruji School, Ganeshpeth,
Nagpur, Tq. & Dist. Nagpur.
4] Monty @ Amit S/o Govind Latta,
Aged about 30 years, Occu. Business,
R/o Opp. Pahadi Mata Mandir, Near
Sakhare Guruji School, Ganeshpeth,
Nagpur, Tq. & Dist. Nagpur.
5] Sau. Yogita W/o Amit Latta,
Aged about 29 years, Occu. Household
R/o Opp. Pahadi Mata Mandir, Near
Sakhare Guruji School, Ganeshpeth,
Nagpur, Tq. & Dist. Nagpur.
VERSUS
NON-APPLICANT : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Ganeshpeth, Nagpur.
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2] Sau. Megha W/o Mohit Latta,
Aged 30 years, Occu. Not known,
R/o Sakin, Panvhavati, Kampa Mowa,
Dist. Raipur (CG).
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Mr. V. S. Giramkar, Advocate for the applicants
Mr. S. S. Doifode, A.P.P. for the non-applicant no.1/State
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CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
DATE : JUNE 30, 2021.
ORAL JUDGMENT [Per V. M. Deshpande, J.]
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. By this application under Section 482 of the Code of
Criminal Procedure, the applicants are praying for quashment of First
Information Report registered with Police Station, Ganeshpeth,
Nagpur vide Crime No. 538/2018 for the offence punishable under
Section 498-A read with Section 34 of the Indian Penal Code.
3. The first information report was lodged by non-applicant
no.2 against the applicants. Applicant no.1 and non-applicant no.2
were married with each other on 06.02.2013. Applicant nos.2 and 3
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are the parents of applicant no.1, whereas non-applicant no.4 is the
brother of applicant no.1 and applicant no.5 is the wife of applicant
no.4.
4. Notice for final disposal was issued by this Court on
22.12.2020. The record shows that non-applicant no.2 is served. In
spite of service when this application was taken up for consideration
on 16.06.2021, nobody appeared on behalf of non-applicant no.2.
Therefore, in order to give one chance to the non-applicant no.2, the
matter was kept today. Today also nobody appeared for non-
applicant no.2 nor she has appeared in person.
5. We have heard Mr. V.S. Giramkar, learned counsel for the
applicants and Mr. S.S. Doifode, learned Additional Public Prosecutor
for the non-applicant no.1/State.
6. The submission on behalf of the applicant is that the
marriage between applicant no.1 and non-applicant no.2 stands
dissolved by the decree passed by the learned Judge of Family Court
No.2, Nagpur in Petition No. A-1387/2017 on 05.03.2020. Learned
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counsel for the applicants submitted that during pendency of the
petition for divorce, applicant no.1 and non-applicant no.2 entered
into a compromise and the said compromise was placed on record
before the Family Court and thereafter the decree of divorce was
granted.
7. Since, decree of divorce is granted, it appears that non-
applicant no.2 has lost interest in prosecuting this proceeding. In
view of the compromise between the applicant no.1 and non-
applicant no.2 and decree of divorce granted in their favour, whereby
the relationship as husband and wife has severed, in our view,
continuance of this proceeding will be nothing but an abuse of
process of law.
8. In that view of the matter, we pass the following order :
ORDER
1. The Criminal Application is allowed.
2. First Information Report registered with Police
Station, Ganeshpeth, Nagpur vide Crime No. 538/2018 for
the offence punishable under Section 498-A read with
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Section 34 of the Indian Penal Code, is hereby quashed and
set aside.
3. Rule is made absolute. The criminal application
is disposed of.
JUDGE JUDGE
Diwale
