Sachin Vijayrao Deshmukh And 2 ... vs The State Of Mha. Thr. Ps Chikhali ...
2022 Latest Caselaw 13318 Bom

                                                               12judg APL 1647.2022.odt
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 1647/2022

1.       Sachin Vijayrao Deshmukh
         Age: 36 years, Occu: Service,

2.       Vijayrao Champakrao Deshmukh
         Age: 64 years, Occu: Retired,

3.       Swati Shivaji Chavan
         Age: 40 years, Occu: Household

         All R/o: In front of Raut Provision,
         Rautwadi, Taluka - Chikhali,
         District - Buldhana - 443201.                          .....APPLICANT(S)

                                   // VERSUS //

1.       The State of Maharashtra
         Through Chikhali Police Station
         Tq: Chikhali, District : Buldhana 443201

2.       Archana Sachin Deshmukh
         (nee Archana Dattrao Deshmukh)
         Age: 33 years, Occu: Housewife,
         R/o: Block No. 11, Kalpana Apartment,
         Oppo. Z.P. School, Railway Station Road,
         Jalna - 431213.                          .... NON-APPLICANT(S)

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Mr. S.D. Kathoke, Advocate for the applicants Mr. I.J. Damale, APP for non-applicant no. 1 Mr. Y.L. Bidve, Advocate for non-applicant no. 2

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

DATED : 20/12/2022

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

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Heard.

2. Issue notice for final disposal to the non-applicants. Mr. I.J.

Damale, learned APP waives service of notice for non-applicant no. 1

and Mr. Y.L. Bidve, learned Counsel waives service of notice for non-

applicant no. 2.

3. Rule. Rule made returnable forthwith. Heard finally by

consent.

4. The applicant no. 1 and non-applicant no. 2 are personally

present before the Court. They have been identified by their respective

learned Counsel. Both of them state that an amicable settlement has

been reached in between them voluntarily, thereby, they have agreed the

criminal proceeding initiated at the behest of non-applicant no. 2 against

all the applicants be quashed and set aside by invoking inherent power

of this Court under Section 482 of the Criminal Procedure Code, 1973

(for short the "Cr.P.C."). Both of them state that all the terms and

conditions of the Mediated Settlement Agreement are acceptable to

them.

5. The learned Counsel for the applicants and non-applicant

no. 2 submit that the marriage of applicant no. 1 with non-applicant no.

2 has been dissolved and they rely upon the decree passed by the

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Court of 2nd Joint Civil Judge Senior Division, Buldhana (Pages 69 to

72).

6. In view of the above and also the fact that the criminal

proceeding initiated against the applicants vide F.I.R. No. 0423/2017

registered with Chikhali Police Station, Tq. Chichali, Dist. Buldhana is

matrimonial in nature, we find that it would be in the interests of the

applicants and non-applicant no. 2 that the criminal proceeding be

quashed and set aside by taking recourse to Section 482 of the Cr.P.C. so

that, the parties can move ahead in life free from any stress and strain.

Accordingly, the application is allowed in terms of prayer Clause (B),

which reads as under:-

"B) The Hon'ble Court may kindly be pleased to pass an appropriate order to quash and set aside the entire criminal proceeding in RCC No. 277 of 2017 pending with the files of Ld. JMFC, Chikhali, Buldhana arising out of Case Crime No.0423 of 2017, under Sections 498-A, 323, 504 r/w 34 of IPC registered with Chikhali Police Station, Buldhana and for that purpose issue necessary orders."

However, the above order shall be subject to condition that the

applicants shall deposit an amount of Rs.10,000/- (Rupees Ten

Thousands only) and non-applicant no. 2 shall deposit an amount of

Rs.5000/- (Rupees Five Thousands only) as costs of the application, in

the account of the Office of the Deputy Solicitor General of India, High

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Court of Bombay, Nagpur Bench, Nagpur so as to form a part of Library

funds for the purpose of development of Library within a period of two

weeks from the date of the order, failing which, the costs so imposed

upon the applicants and non-applicant no. 2 respectively shall be

recovered by the Registry by following the due process of law, as if, the

costs imposed upon the parties are fines imposed by the State.

7. Rule is made absolute in the aforesaid terms.

(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)

SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge Digitally signed by SANDIP MAHADEV GATE Date: 2022.12.20 19:33:24 +0530

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