Bombay High Court
Vishal Laxmanrao Gadewar And 3 ... vs State Of Maharashtra Thr. Pso Ps ... on 24 August, 2022
Bench: Manish Pitale, Valmiki Sa Menezes
-1- 924.APL.854.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.854/2020
Vishal Laxmanrao Gadewar & Ors.
Vs.
State of Maharashtra, through P.S.O. Police Station Yavatmal City, Yavatmal & Anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. U.J. Deshpande, Advocate for the Applicants.
Mr. A.S. Fulzele, Addl. P.P. for Non-applicant No.1/State.
Mr. R.S. Gade, Advocate h/f. Mr. V.D. Darne, Advocate for Non-applicant
No.2.
CORAM : MANISH PITALE AND
VALMIKI SA MENEZES, JJ.
DATED : 24th AUGUST, 2022.
By this application, the applicants are seeking
quashing of First Information Report No.540/2020 dated
05.11.2020, registered at Police Station Yavatmal City in
District Yavatmal, for offence under Section 498-A read with
Section 34 of the Indian Penal Code.
2. The FIR stood registered on the basis of written
report submitted by non-applicant No.2 and the grievance of
non-applicant No.2 was essentially concerning a matrimonial
dispute with the applicant No.1, who is her husband. The
applicant Nos.2 and 3 are the father-in-law and mother-in-law
and applicant No.4 is the sister-in-law of the non-applicant
No.2.
-2- 924.APL.854.2020.odt
3. In this case, notice was issued on 22.12.2020 and
this Court directed that the investigation may go on, but the
charge-sheet shall not be filed without the leave of this Court.
4. During the pendency of the present application, the
applicant No.1 and non-applicant No.2 settled their mutual
dispute and decided to put an end to all the litigations, pending
between them. In fact, the said parties filed a petition for grant
of divorce by mutual consent, under Section 13-B of the Hindu
Marriage Act, 1955.
5. On 15.07.2022, the Competent Family Court at
Yavatmal, passed a divorce dercee on the basis of the said
petition, as a consequence of which, their marriage has been
dissolved. We are informed that all other proceedings pending
between the parties also came to an end, except the present
application, which is pending before this Court.
6. The parties have remained present in this Court on
earlier occasions and in that backdrop on 11.08.2022, this
Court directed that although the parties may not remain
present, it would be appropriate that the non-applicant No.2
places on record an affidavit, stating the factum of settlement of
all the disputes between the parties and she having no objection
to the present application being allowed.
7. Accordingly, an affidavit dated 20.08.2022, sworn
by the non-applicant No.2, has been filed in this Court in the
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present application. The non-applicant No.2 has stated in detail
as to manner in which the disputes have been resolved and
further that she no longer has any grievance against the
applicants and further that she has no objection to the subject
FIR being quashed.
8. The Hon'ble Supreme Court in the case of Gian
Singh Vs. State of Punjab and another reported in 2012(10) SC
303, has held that FIRs of such nature arising from matrimonial
disputes can be quashed by the High Court by exercising power
under Section 482 of the Cr.P.C., in the event, the parties
mutually settle their disputes. It is laid down that if ends of
justice are met and abuse of the process is to be avoided, such
orders can be passed, particularly because the chances of
conviction are rendered remote and bleak.
9. We are of the opinion that the facts of the present
case are completely covered under the position of law laid down
by the Hon'ble Supreme Court in the aforesaid judgment and
accordingly, we are inclined to allow the present application.
10. Accordingly, the application is allowed in terms of
prayer Clause (i), which reads as follows:
i. allow this application and the First Information
Report dated 05/11/2020 in Crime No. 0540/2020
for the offence punishable under Section 498A r/w
34 of IPC registered against applicants no. 1 to 4 by
non-applicant no. 1 at Yavatmal City Police Station,
Yavatmal at the behest of complaint lodged by non-
applicant no. 2 for the offence punishable under
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Section 498-A of IPC may kindly be quashed, being
an abuse of process of law, in the interest of justice.
(ANNEXURE A):
11. Pending applications, if any, stand disposed of.
(VALMIKI SA MENEZES, J.) (MANISH PITALE, J.)
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:26.08.2022 13:07
