Bombay High Court
Rita W/O Shilpraj Fulzele And 7 ... vs State Of Mha. Thr. Pso Ps Wadi ... on 28 October, 2021
Bench: M.S. Sonak, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 824 OF 2021
1. Rita w/o Shilpraj Fulzele,
aged about 36 years, Occ. Household,
R/o Tekdi, Near Boudh Vihar,
Wadi, Nagpur.
2. Shilpraj s/o Namdeo Fulzele,
aged about 42 years, Occ. Auto Driver.
3. Namdeo Lahanuji Fulzele,
aged about 70 years, Occ. Pensioner.
4. Heerabai w/o Namdeo Fulzele,
aged about 64 years, Occ. Household.
5. Kapil s/o Namdeo Fulzele,
aged about 37 years, Occ. Auto Driver.
6. Suchitra d/o Namdeo Fulzele,
aged about 44 years, Occ. Household.
7. Amrita alias Amita D/o Namdeo Fulzele,
aged about 38 years, Occ. Household.
8. Harsha w/o Kapil Fulzele,
aged about 33 years, Occ. Household.
Applicant Nos. 2 to 8 are R/o 55,
Adivasi Layout, Wardhaman Police Station,
P.S. Wadi, Nagpur.
...APPLICANTS
Versus
The State of Maharashtra,
through Police Station Officer, Wadi, Nagpur.
...RESPONDENT
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Shri S.G. Karmarkar, Advocate for the applicants.
Shri S.M. Ghodeswar, A.P.P. for the respondent/ State.
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CORAM : M.S. SONAK AND
PUSHPA V. GANEDIWALA, JJ.
DATED : 28/10/2021
ORAL JUDGMENT : (PER PUSHPA V. GANEDIWALA, J.)
Heard.
2. Admit.
3. Shri S.M. Ghodeswar, learned A.P.P., waives service of
notice on behalf of the respondent/ State.
4. This is a joint application filed by the accused and the
complainant under Section 482 of the Code of Criminal Procedure
seeking quashment of Regular Criminal Case No. 377/2015,
pending on the file of the Judicial Magistrate First Class,
Corporation Court No.2, Nagpur arising out of the First Information
Report No. 170/2014, registered with the Police Station, Wadi,
District - Nagpur for the offences punishable under Sections 498A,
323 and 506 read with Section 34 of the Indian Penal Code, and
Sections 3 and 4 of the Dowry Prohibition Act, 1961.
5. Applicant No.1 is the complainant, applicant No.2 is the
husband of applicant No.1, and applicant Nos.3 to 8 are the
relatives of applicant No.2.
6. It is stated that the marriage between applicant Nos. 1
and 2 was solemnized on 19/06/2013 as per the customs prevailing
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in the Society. That thereafter, within a short span of time,
differences arose between the parties, as a result of which applicant
No.1 lodged a report against applicant Nos. 2 to 8 with the Police
Station, Wadi, District - Nagpur, on the basis of which the aforesaid
FIR came to be registered for the offences as above.
7. It is further stated that with the intervention of the
elders, common friends and respectable persons of the Society, the
matter has been amicably settled between the parties.
8. It is further stated that applicant Nos.1 and 2 are filing
petition under Section 13(b) of the Hindu Marriage Act for grant of
divorce on mutual consent, and that applicant No.1 is receiving
Rs.1,40,000/- as full and final settlement amount, out of which
Rs.40,000/- has already been paid in cash by applicant No.2 to
applicant No.1.
9. Today, the applicants are personally present before this
Court. Shri Karmarkar, learned counsel for the applicants,
acknowledges their identity. Applicant No.1 states that she wants to
withdraw all the allegations, proceedings and report filed by her
against applicant Nos.2 to 8, and that the parties have no grudge
against each other.
10. In this context, the Hon'ble Supreme Court in the case of
B.S. Joshi and others Vs. State of Haryana and another , (2003) 4
SCC 675, in paragraphs 14 and 15, has held as under :
"14. There is no doubt that the object of introducing Chapter
XX-A containing Section 498-A in the Indian Penal Code was
to prevent torture to a woman by her husband or by relatives
of her husband. Section 498-A was added with a view to
punishing a husband and his relatives who harass or torture
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the wife to coerce her or her relatives to satisfy unlawful
demands of dowry. The hypertechnical view would be
counterproductive and would act against interests of women
and against the object for which this provision was added.
There is every likelihood that non-exercise of inherent power
to quash the proceedings to meet the ends of justice would
prevent women from setting earlier. That is not the object of
Chapter XX-A of the Indian Penal Code.
15. In view of the above discussion, we hold that the High
Court in exercise of its inherent powers can quash criminal
proceedings or FIR or complaint and Section 320 of the Code
does not limit or affect the powers under Section 482 of the
Code."
11. In the background of facts as aforesaid, so also relying on
the ratio laid down by the Hon'ble Supreme Court as above, we are
inclined to allow the application and hence, we pass the following
order:-
ORDER
i. The Criminal Application is allowed.
ii. The First Information Report No. 170/2014, registered
with the Police Station, Wadi, District - Nagpur for the offences
punishable under Sections 498A, 323 and 506 read with Section 34
of the Indian Penal Code, and Sections 3 and 4 of the Dowry
Prohibition Act, 1961, so also the criminal proceedings arising out
of the said FIR, i.e., Regular Criminal Case No. 377/2015, pending
on the file of the Judicial Magistrate First Class, Corporation Court
No.2, Nagpur, are quashed and set-aside.
(PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.)
Sumit
