Tushar Vilas Panchbhai And 3 ... vs The State Of Mha. Thr. Pso Ps ...
2022 Latest Caselaw 6262 Bom

Citation : 2022 Latest Caselaw 6262 Bom
Judgement Date : 4 July, 2022

Bombay High Court

Tushar Vilas Panchbhai And 3 ... vs The State Of Mha. Thr. Pso Ps ... on 4 July, 2022

Bench: S.B. Shukre, G. A. Sanap

                                                  APL.874.22.J
                                 1

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

       CRIMINAL APPLICATION (APL) NO. 874/2022

1) Tushar Vilas Panchbhai
Aged 33 years, occu: service
R/o Plot No.31, Ulhas Nagar
Manewada Road, Nagpur.

2) Vilas Shriramji Panchbhai
Aged about 60 years, occu: service
R/o Plot No.31, Ulhas Nagar,
Manewada Road, Nagpur.

3) Veena Vilas Panchbhai
Aged about 60 years, occu: Housewife
R/o Plot No.31 Ulhas Nagar
Manewada Road, Nagpur.

4) Amol Panchbhai
Aged about 35 years
Occu: service, R/o Plot No.31,
Ulhas Nagar, Manewada Road,
Nagpur.                                       ..Applicants
                  versus
1.    The State of Maharashtra
Through Police Station Officer
Police Station Lakadganj, Dist.Nagpur.

2) Swati Tushar Panchbhai
Aged about 25 years, occu: Business
R/o House No.107, Itwari, Nehru Putla
Telipura Near Dr. Chokkar Hospital
Nagpur 440002.                           ..   Respondents
                                                           APL.874.22.J
                                  2



                                ...
Mr.Adwait Manohar, Advocate for Applicants
Mr. M.K.Pathan, Addl.P.P. for Respondent No.1
Mr.D.A. Sonwane, Advocate for Respondent No.2
                                ...

                             CORAM: SUNIL B.SHUKRE AND
                                    G.A. SANAP,JJ.

DATED : 4th July, 2022.

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

Rule. Rule, made returnable forthwith. Heard finally by consent.

2. On the basis of complaint lodged by Respondent No.2, Police Station, Lakadganj, has registered an offence punishable under sections 498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act against the applicants. The applicant no. 1 is the husband of Respondent No.2, whereas the applicant Nos. 2, 3 and 4 are the in-laws of Respondent No.2.

3. The applicant No.1 and Respondent No.2 have filed a compromise-deed before the Family Court, Nagpur, in the proceedings filed by the respondent no.2 for annulment of marriage. The copy of the compromise-deed is filed on record. According to the compromise, the parties have agreed that the criminal proceedings initiated following the complaint filed by the APL.874.22.J

respondent no.2 shall be withdrawn.

4. All the applicants and respondent No.2 are personally present before the Court. They are identified by their respective Advocates. They state that the compromise has been entered into by the applicant No.1 and Respondent No.2 voluntarily. In support of her submission, the Respondent no.2 has tendered an affidavit stating that the Respondent No.2 would have no objection if FIR bearing Crime No. 3/2020 filed by her, registered against all the applicants is quashed and set aside by this Court. The affidavit is taken on record and marked as Exh. "A" for identification's sake.

5. The learned APP for Respondent No.1 submits that appropriate order may be passed.

6. The dispute being matrimonial, is a private dispute and in view of the above-referred facts, we see no impediment in allowing the Application. The Application is allowed in terms of prayer clause (i) which reads thus:

"(i) Quash charge-sheet all proceeding in R.C.C.507 of 2020 pending against the present applicants for the offence punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, before the Chief Judicial Magistrate, Nagpur."