Vipul S/O Ashok Kashyap And 3 ... vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 15657 Bom

                                                    1                        Cri.APL No.463.21.doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR


               CRIMINAL APPLICATION (APL) NO.463/2021


 1.       Vipul S/o. Ashok Kashyap,
          Aged about 29 yrs., Occ. : Business.

 2.       Ashok S/o. Mulchand Kashyap,
          Aged about 54 yrs., Occ. : Business,

 3.       Sau. Shipra W/o. Ashok Kashyap,
          Aged about 49 yrs., Occ. Household,

 4.       Ku. Mansi d/o. Ashok Kashyap,
          Aged about 27 yrs., Occ. : Education.

          All R/o. 304, Balaji Complex,
          Near Punjab National Bank, Itwari,
          Dist. Nagpur.                                               ... APPLICANTS

                   ----VERSUS----

 1.     The State of Maharashtra,
        through P. S.O. P. S. Yashodhara Nagar,
        Dist. Nagpur.

 2.     Sau. Twinkle W/o. Vipul Kashyap,
        (Twinkle d/o. Roopnarayan Gupta)
        Aged about 25 years, Occ. Household,
        R/o. C/o. Roopnarayan Gupta, 'Rupasha'
        Plot No.164, Namdeo Nagar,
        Old Kamptee Road, Nagpur.            ... NON-APPLICANTS

 -------------------------------------------------------------------------------------------
 Mr. G. D. Dani, Advocate for Applicants.
 Mr. S. S. Doifode, Additional Public Prosecutor for Non-applicant No.1/State.
 Mr. L. M. Bajaj, Advocate h/f. Mr. Shyam Dewani, Advocate for Non-applicant
 No.2 with Disha Fulwani (Dewani), Advocate for Non-applicant No.2.
 -------------------------------------------------------------------------------------------
          CORAM:               M. S. SONAK AND
                               PUSHPA V. GANEDIWALA, JJ.

DATE: 29.10.2021.

JUDGMENT : (PER M. S. SONAK, J.)

1. Heard learned Counsel for the parties.

2. Rule. The rule is made returnable forthwith at the

request of and with the consent of the learned Counsel for the

parties.

3. This is an application for quashing of the First

Information Report dated 09.01.2021 registered vide Crime

No.17/2021 at Police Station Yashodhara Nagar, Nagpur alleging

that the applicants have committed an offences punishable under

Sections 313, 417, 498-A read with Section 34 of the Indian Penal

Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

4. The learned Counsel for the applicants and the

non-applicant No.2 have jointly submitted that the disputes

between the parties have been settled and the terms of such

settlement have also been appended to the application. They

jointly submit that the impugned First Information Report may,

therefore, be quashed.

5. The applicant No.1 and the non-applicant No.2 are

present in the Court. We have interviewed them and the

non-applicant No.2 states that she does not wish to proceed with

her complaint now that the matter has been amicably settled.

6. Having regard to the law laid down by the Hon'ble Apex

Court in the case of B. S. Joshi and Others Vs. State of Haryana

and Another reported in (2003) 4 SCC 675, we, an applying the

same to the fact situation in this matter, we allow this application

and quash the aforesaid First Information Report.

7. The order of quashing will, however, take effect only, if

the applicant No.1 deposits with the High Court Legal Services

Authority an amount of Rs.20,000/- towards costs within a week

of three weeks from today.

8. If this amount is not deposited and proof of payment

filed, then, this application, shall be deemed to have been

dismissed without further reference to this Court.

9. The Rule is made absolute in the aforesaid terms. There

shall be no order for costs.

                        PUSHPA V. GANEDIWALA, J.                     M. S. SONAK, J.




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