Bombay High Court
Sumeet S/O Surendra Pande And 4 ... vs State Of Mah. Thr. Pso Ps Mankapur ... on 25 July, 2022
Bench: Manish Pitale, Valmiki Sa Menezes
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 694 OF 2021
Sumeet s/o Surendra Pande and Ors.
Vs.
State of Maharashtra, Thru, PSO, Mankapur, Nagpur
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Dr. Renuka S. Sirpurkar, Advocate for applicants.
Mr. S.S. Doifode, APP for respondent No.1.
CORAM : MANISH PITALE, &
VALMIKI SA MENEZES, JJ.
DATE : 25.07.2022.
By this application filed under Section
482 of the Code of Criminal Procedure, the
applicants have prayed for quashing of two First
Information Reports and one charge-sheet. The
learned counsel for the applicants submits that even
in the other FIR, charge-sheet has now been filed
and she orally seeks leave to amend the prayer
clause to add relief of quashing of charge-sheet,
arising from FIR No.116/2019. Leave to amend
granted. Amendment be carried out forthwith.
2. The applicant No.1 is the husband of the
applicant No.5 while the applicant Nos.2,3 & 4 are
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the father-in-law, mother-in-law and sister-in-law of
applicant No.5.
3. It appears that after marriage of applicant
Nos.1 and 5, there were matrimonial disputes
between the parties, leading to initiation of
proceedings on both civil and criminal sides. FIR
No.120/2018 was registered on 22.04.2018 at the
behest of applicant No.5, against the other applicants
for offences under Sections 498(A), 323, 504 and
506 read with Section 34 of the Indian Penal Code,
leading to filing of charge-sheet on 11.01.2019 and
the matter remains pending as Regular Criminal
Case No.190/2019, before the competent Court.
Another FIR bearing No.116/2019, came to be
registered at the behest of applicant No.5 against the
applicant No.1 for offences under Sections 324, 352,
368, 452 and 504 of the Indian Penal Code, leading
to filing of charge-sheet and now the matter is
pending as RCC No. 3903/2019, before the
competent Court.
4. When this application was filed before
this Court, the parties had already entered into
compromise, pursuant to mediation initiated in one
of the proceedings pending before this Court for
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grant of anticipatory bail. It is for this reason that a
joint application has been filed by the parties for
quashing of the First Information Reports and
charge-sheets. It appears that during the pendency
of the present application, the parties have abided by
the terms of compromise, as a result of which the
competent Family Court at Nagpur, has recently
passed a divorce decree by mutual consent dated
06.07.2022. In the said judgment and decree, it is
recorded in paragraph No.5 that the applicant No.5-
wife has received an amount of Rs.19,00,000/- (Rs.
Nineteen Lakhs), towards one time settlement as
agreed in the consent terms.
5. In view of the aforesaid developments,
the learned counsel appearing for the applicants
prayed that the application be allowed in terms of
the prayer made therein, placing reliance upon
judgments of the Hon'ble Supreme Court in the case
of Giansingh Vs. State of Punjab and anr., 2012 (10)
SCC 303 and State of Madhya Pradesh Vs. Laxmi
Narayan and others, 2019 (5) SCC 688.
6. The learned APP appearing for
respondent/State submitted that the papers on
record do not indicate as to whether all the terms of
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compromise have been satisfied or not. As noted as
herein above, in the recent judgment and decree of
divorce by mutual consent, passed by the competent
Family Court at Nagpur, it has been recorded, as a
matter of fact, that payment of the aforesaid amount
is already made to applicant No.5. The copy of the
said judgment and decree on 06.07.2022 passed by
the Family Court, bearing Petition No.A-613/2018, is
handed over by the learned counsel for the
applicants and the same is taken on record and
marked as 'X'.
7. The learned counsel for the applicants is
justified in relying upon the aforesaid judgment of
the Supreme Court in Giansingh (supra) wherein it
has been laid down that when offences registered
against accused persons are of predominantly civil
nature, arising out of matrimonial disputes they can
be quashed on the parties reaching an amicable
settlement. This position was reiterated in the
aforesaid judgment in the case of State of Madhya
Pradesh (supra) and matrimonial disputes were
identified as belonging to the category where the
Court could exercise power under Section 482 of the
Code of Criminal Procedure for quashing of First
Information Reports and the charge-sheets, upon
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being satisfied that the dispute was mutually settled
and that the terms agreed upon were satisfied by the
parties.
8. Having perused the material on record,
particularly the terms of compromise as also the
aforesaid recent judgment and decree passed by the
Family Court at Nagpur on 06.07.2022, we are
satisfied that the parties have satisfied their mutual
obligations as per the consent terms and that now
there are no outstanding grievances of applicant
No.5.
9. The applicant Nos.1 and 2 and also
applicant No.5 are present in Court and they submit
that the application may be allowed in terms of
prayers made therein. We are informed that
applicant No.3 i.e. mother-in-law of applicant No.5 is
presently hospitalized, due to which she and her
daughter i.e. applicant No.4 could not be present in
Court today.
10. In view of the above, the application is
allowed in terms of prayer clause Nos.1 and 2, which
read as follows:
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"(1) Allow this application and quash and set
aside Crime No.120/2018 dated 22.04.2018
(Annexure - I) & Charge-sheet No.02/2019
dated 11.01.2019 (Annexure-II) registered at
Mankapur Police Station, District Nagpur, for
offences under Section 498A, 323, 504, 506
r/w 34 against the applicants No.1 to 4;
(2) Quash and set aside Crime No.116/2019
dated 27.04.2019 registered with Police
Station Mankapur, District : Nagpur for
offence u/s. 324, 352, 452, 504 of the Indian
Penal Code (Annexure - III) against applicant
No.1; pending trial in RCC No.3903/2019
before the learned ACJM, Nagpur as C.S.
No.113/2019 dated 08.12.2019."
[VALMIKI SA MENEZES, J.] [MANISH PITALE, J.]
Signed By:PRITY S GABHANE
Reason:
Location:
Signing Date:27.07.2022 14:40
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