Bombay High Court
Devendra S/O Tulshiram Sapate And ... vs The State Of Maharashtra, Thr. ... on 11 October, 2021
Bench: V.M. Deshpande, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 841 OF 2021
APPLICANTS : 1] Devendra S/o tulshiram Sapate,
Aged about 42 years, Occu. Service,
2] Tulshiram S/o Domduji Sapate,
Aged about 72 years, Occu. Retired,
3] Sunanda W/o Tulshiram Sapate,
Aged about 65 years, Occu. Household,
All R/o Bramhapuri, Tal. Bramhapuri,
Dist. Chandrapur.
4] Sau. Suvarna Devendra Sapate,
Aged about 37 years, Occu. Household,
R/o C/o Kailas Dhore, Near New
Mangusagi Temple, Darwha, Tah. Darwha,
Dist. Yavatmal.
VERSUS
NON-APPLICANT : The State of Maharashtra,
through Police Station Officer,
Police Station, Bramhapuri,
Tah. Bramhapuri, Dist. Chandrapur
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Mr. D. V. Mahajan, Advocate for the applicants.
Mr. T. A. Mirza, A. P. P. for the non-applicant / State.
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CORAM : V. M. DESHPANDE and
PUSHPA V. GANEDIWALA, JJ.
DATE : OCTOBER 11, 2021.
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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. This is an application filed under Section 482 of the
Code of Criminal Procedure on behalf of the accused (applicant nos.1
to 3) as well as the complainant (applicant no.4) jointly.
3. All the applicants are represented by Shri D.V. Mahajan,
learned counsel and non-applicant/State is represented by Shri T.A.
Mirza, learned Additional Public Prosecutor.
4. Applicant no.4 in this application is the original
complainant. She lodged report with Police Station, Bramhapuri,
Dist. Yavatmal. The first information report was registered against
applicant nos.1 to 3 for the offence punishable under Sections 498-A
read with Section 34 of the Indian Penal Code and under Sections 3
and 4 of the Dowry Prohibition Act. After completion of the
investigation, charge-sheet was filed and the case came to be
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registered as Regular Criminal Case No. 38/2016, which is pending
on the file of learned Judicial Magistrate, First Class, Bramhapuri.
5. Though, the charge-sheet was filed against applicant
nos.1 to 3 for the offence punishable under Sections 3 and 4 of the
Dowry Prohibition Act, when they moved an application for
discharge before the learned Magistrate, the learned Magistrate vide
order dated 12.11.2019 partly allowed their application and they
were discharged from the offence punishable under Sections 3 and 4
of the Dowry Prohibition Act.
6. Applicant no.4 is the wife of applicant no.1 Devendra.
Applicant nos.2 and 3 are the parents of applicant no.1 Devendra.
7. Applicant no.4 filed an affidavit in this proceeding
together with the affidavit filed by applicant no.1. It is stated in the
application that they both have decided to part their ways amicably
and therefore, they have filed the proceedings for mutual divorce
before the competent Court.
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8. Applicant no.4 is personally present before the Court.
She is identified by learned counsel Mr. Mahajan. The Court
enquired with her in vernacular and she reiterates that she has now
compromised the matter with her husband and the in-laws and she
wish to settle the matter amicably. In view of the settlement between
the parties and the complainant does not want to prosecute the
matter any further, in our view, this is a fit case wherein the Court
should exercise its discretion under Section 482 of the Code of
Criminal Procedure inasmuch as continuance of the proceedings will
be nothing but waste of judicial time. Hence, we pass the following
order :-
ORDER
1. Criminal Application (APL) No. 841 of 2021 stands
allowed.
2. First Information Report dated 01.02.2019 vide Crime
No.25/2019, registered with Police Station, Hiwarkhked,
Dist. Akola for the offence punishable under Sections
306, 506 read with Section 34 of the Indian Penal Code
against applicant nos.1 to 4 stands quashed and set
aside.
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3. Rule is made absolute. The application is disposed of.
JUDGE JUDGE
Diwale
