Bombay High Court
Vilas S/O Ganpatrao Dhole And ... vs State Of Mah. Thr. Pso Ps Gitti ... on 28 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
APL58.21.J
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
CRIMINAL APPLICATION (APL) NO. 58 /2021
1) Vilas s/o Ganpatrao Dhole
Aged 44 years, occu: Electrician
2) Smt. Kamlabai wd/o Ganpatrao Dhole
Aged about 70 years, occu: Household
Both R/o Plot No.160,
Behind Hanuman Mandir
Ganesh Nagar, Dhaba,
Police Station Gitti Khadan, Nagpur. ..APPLICANTS
versus
1) State of Maharashtra
Through Police Station Officer,
Police Station Gitti Khadan Nagpur City
Nagpur vide FIR No.535/2013
2) Sau. Sonali w/o Vilasrao Dhole
C/o Narayan s/o Vitthalrao Kamdi
Aged 35 years, occu: Household
R/o Village Kharala, Post Lohari (Sawanga)
Tah. Narkhed Dist. Nagpur. .. RESPONDENTS
..................................................................................................................
Mr A. K Bhangade, ,Adv.for applicants
Mr. T.A. Mirza, APP for respondent no.1
Respondent No.2 served
...................................................................................................................
CORAM: V. M. DESHPANDE &
AMIT B. BORKAR, JJ
DATED : 28th September, 2021.
::: Uploaded on - 01/10/2021 ::: Downloaded on - 15/10/2021 03:58:22 :::
APL58.21.J
2
ORAL JUDGMENT: (PER AMIT B. BORKAR, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
with the consent of respective parties.
2. This Application under Section 482 of the Code of Criminal
Procedure is filed challenging the registration of First Information
Report bearing No.535/2013 dated 13.12.2013 for offence punishable
u/s 498A, 406 r/ws, 34 of the IPC and Section 3 and 4 of the Dowry
Prohibition Act as well as Regular Criminal Case No. 303486/2014
pending on the file of Judicial Magistrate, First Class, Court No.10,
Nagpur.
3. The First information report came to be registered against
the applicants with the accusation that the applicants physically and
mentally harassed the non-applicant no.2 on the ground of non-
payment of dowry of Rs. 2 lakhs. The Investigating agency after
completion of investigation has filed charge-sheet against the applicants.
4. During the pendency of the proceedings against the
applicants, the applicant no.1 and non-applicant no.2 have mutually
arrived at settlement of their dispute in Family Court No.1, Nagpur
for the decree for divorce in Application No.992/2016. In paragraph 4
of the order passed by Family Court No.1 Nagpur, it has been stated
that the non-applicant no.2 has agreed to settle the dispute on
::: Uploaded on - 01/10/2021 ::: Downloaded on - 15/10/2021 03:58:22 :::
APL58.21.J
3
payment of proper alimony and future maintenance of Rs. 2,35,000.
5. This Court by order dated 14.1.2021 issued notice to
non-applicant no.2 recording settlement arrived at between the
parties. The non-applicant no.2. However, inspite of service he had
had not appeared before this Court. On 30 th August,2021, this Court
therefore adjourned the matter giving one more opportunity to the non-
applicant no.2. Today, the non-applicant no.2 is not present either
personally or through an Advocate.
6. We have carefully scrutinised the allegations in the FIR
and the material in the form of charge sheet. We have also perused the
decree for divorce passed in Application No.992/2016. On careful
consideration of the same, we are satisfied that the offence alleged
against the applicants are personal in nature.
7. In Madan Mohan Abbot vs. State of Punjab : (2208) 4 SCC
582, the Apex Court taken a view that in case of dispute between the
parties in relation to offence which are personal and the chances of
success are bleak, the prosecution needs to be quashed, so that time
was saved and it can be utilized for some other prosecution case. We
are satisfied that in view of the decree of divorce passed in Application
No.992/2016, the FIR can be quashed in absence of non-applicant no.2
as from the statement in paragraph 4 of the Application and the very
::: Uploaded on - 01/10/2021 ::: Downloaded on - 15/10/2021 03:58:22 :::
APL58.21.J
4
nature of decree of divorce passed by the Family Court, the grievance of
non-applicant no.2 no longer survives. We are, therefore, of the
opinion that the prosecution against the applicants would amount to
abuse of the process of Court. Hence we pass the following order :
ORDER
i) Criminal Application is allowed.
ii) FIR No.535/2013 dated 13th December, 2013 for offence u/s
498A, 406, read with Section 34 of the IPC and Sections 3 and 4 of
Dowry Prohibition Act so also the proceedings in Regular Criminal Case
No.303486/2014, is quashed and set aside.
iii) Rule is made absolute in the aforesaid terms.
JUDGE JUDGE
sahare
