Nilesh S/O Madhukar Panditkar And ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 12610 Bom

                                                                  1judgAPL 243.2022.odt
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 243/2022

1.       Nilesh S/o Madhukar Panditkar
         Aged about 36 years, Occ - Labour,
2.       Madhukar S/o Uddhavrao Panditkar,
         Aged about 68 years, Occ - Labour,
3.       Manda W/o Madhukar Panditkar
         Aged about 58 years, Occ - Household,
4.       Vishal S/o Madhukar Panditkar
         Aged about 38 years, Occ - Labour,
5.       Kirti W/o Vishal Panditkar
         Aged about 32 years, Occ - Household.
6.       Akash S/o Madhukar Panditkar
         Aged about 32 years, Occ - Labour,
7.       Harishta W/o Akash Panditkar
         Aged about 22 years, Occ - Household.

         All are resident of Ward No. 7, Patel Nagar
         Kanhan, Tahsil Parseoni, Disrict Nagpur              ..... APPLICANT(S)

                                   // VERSUS //

1.       The State of Maharashtra through its
         Police Station officer, Gadge Nagar,
         Amravati, Tahsil and District Amravati.

2.       Sonal W/o Nilesh Panditkar
         Aged about 25 years, Occ - Tailoring,
         Resident of Gurukunj Colony,
         Shegaon Naka, Gadge Nagar, Amravati             .... NON-APPLICANT(S)

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Mr. A.H. Daga, Advocate for the applicants Mr. I.J. Damale, APP for non-applicant no. 1 Mr. B.M. Kharkate, Advocate for non-applicant no. 2

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SMGate 1judgAPL 243.2022.odt

CORAM : SUNIL B. SHUKRE AND M. W. CHANDWANI, J.J.

DATED : 05/12/2022

ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

Rule. Rule made returnable forthwith. Heard finally by

consent.

2. The First Information Report (FIR) registered against the

applicants for Crime No.3007/2021 punishable under Section 498-A of

the Indian Penal Code, 1860 (for short the "IPC") r/w. Section 34 of the

IPC is outcome of matrimonial dispute between the applicant no. 1 on

the one hand and non-applicant no. 2 on the other hand. Now, husband

and wife have reached an amicable settlement whereby, they have

agreed to seek mutual divorce on various terms and conditions, one of

which relates to withdrawal of main case filed under Section 498-A of

the IPC against the applicants. An application for grant of permission for

quashing the FIR as per compromise and Mutual Settlement Deed have

been tendered by the applicant no. 1 and non-applicant no. 2 directly to

the Court and they are taken on record and Mutual Settlement Deed is

marked as Annexure - A for identification. The Mutual Settlement Deed,

as informed by applicant no. 1 and non-applicant no. 2, who are

personally present in the Court and identified by the learned respective

Counsel, has been voluntarily reached and terms and conditions thereof

SMGate 1judgAPL 243.2022.odt

are acceptable to them. The remaining applicants are also present before

the Court and duly identified by the learned Counsel for the applicants.

They have no objection, if the mutual settlement is acted upon by this

Court.

3. In the above referred facts, it would be in the interest of the

parties for their future life that an inherent jurisdiction of this Court

under Section 482 of the Criminal Procedure Code, 1973 shall be

exercised for quashing the FIR filed at the behest of non-applicant no. 2

or otherwise, there may be miscarriage of justice.

4. The criminal application is allowed and Crime No.

3007/2021 registered with Police Station, Gadge Nagar, Amravati is

hereby quashed and set aside on a condition that the applicants shall

deposit an amount of Rs.7000/- (Rupees Seven Thousand only) and

non-applicant no. 2 shall deposit an amount of Rs.3000/- (Rupees Three

Thousand only) with the Office of Public Prosecutor, High Court, Nagpur

for the purpose of development of Library within a period of three weeks

from the date of the order, failing which, this order shall stand revoked

automatically and crime shall be investigated by the Police and the Final

Report shall be filed by the Police in accordance with the law.

SANDIP 5. Rule is made absolute in the aforesaid terms. MAHADEV GATE

(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.) Personal Assistant to the Hon'ble Judge Digitally signed by SANDIP MAHADEV GATE Date: 2022.12.05 19:32:47 +0530 SMGate