Panchfullabai Wd/O Vithalrao ... vs State Of Mah.Thr. Pso Ps Arni ...
2023 Latest Caselaw 3636 Bom

    Judgment                                                        1apl1137.21

                                        1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                      NAGPUR BENCH : NAGPUR.
                CRIMINAL APPLICATION (APL) NO. 1137/2021

1.      Panchfullabai wd/o Vithalrao Jadhav,
        Aged 62 yrs., Occ. Secretary, Education Society,
2.      Shrinivas S/o Vitthal Jadhav,
        Aged 37 yrs., Occ. Business,
3.      Mrs. Aayshi w/o Shrinivas Jadhav,
        aged 29 yrs., Occ. Principal,
        applicants 1 to 3 R/o. Plot No. 16,
        Ward No. 53, Bapat Nagar, near Gajanan
        Mandir, Chandrapur, Dist. Chandrapur.
4.      Suryakant S/o. Devisingh Rathod,
        Aged 51 yrs., Occ. Agriculture,
5.      Mrs. Kavita w/o Suryakant Rathod,
        Aged 45 yrs., Occ. Household,
        Applicants Nos. 4 & 5 R/o. Near Naik
        Temple, Gadchandur, Tah. Korpana,
        Dist. Gadchiroli,
6.      Subhash alias Vinod S/o Devisingh Rathod,
        Aged 40 yrs., Occ. Teacher,
        R/o. Jivati, Tq. Jivati, Dist. Chandrapur.
7.      Mr. Kranti S/o. Vithalrao Jadhav,
        Aged 32 yrs., Occ. Service,
        R/o. Plot No. 16, Bapat Nagar, near
        Gajanan Mandir, Chandrapur.
        (Amendment carried out as per
        order dated 12.04.2023.)

                                                  ...         APPLICANTS.

                                   VERSUS


.




    ::: Uploaded on - 13/04/2023                 ::: Downloaded on - 13/04/2023 17:18:35 :::
     Judgment                                                              1apl1137.21

                                            2

1.      State of Maharashtra
        through Police Station Officer,
        Police Station, Arni, Dist. Yavatmal.

2.      Mrs. Sneha w/o Kranti Jadhav,
        aged 28 yrs., Occ. Household,
        R/o. C/o. Vijay Narsingh Rathod,
        Bramhanwada, Tah. Arni, Dist. Yavatmal.

                                                 ...        NON-APPLICANTS.

                           ---------------------------------
                  Mr. R. M. Daga, Advocate for applicants.
            Mrs. M. Deshpande, APP for non-applicant No.1/State.
               Mr. T. Sheikh, Advocate for non-applicant No.2.
                           ----------------------------------

                                   CORAM : VINAY JOSHI AND
                                           BHARAT P. DESHPANDE, JJ.

DATE : APRIL 12, 2023.

CRIMINAL APPLICATION (APPA) NO. 625/2023

Heard.

2. Since the matter is settled, application is allowed.

3. Amendment be carried out forthwith.

4. Application stands allowed and disposed of.

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

1. Admit.

.

Judgment 1apl1137.21

2. This application is seeking to quash First Information

Report vide Crime No. 464/2021 for the offence punishable under

Sections 504, 506, 498-A read with Section 34 of the Indian Penal

Code registered with Police Station Arni, Dist. Yavatmal on account

of settlement between the parties. Non-applicant No. 2 wife has

lodged the report against the husband and nearer relatives of the

husband about matrimonial cruelty on account of which crime has

been registered.

3. The couple got married on 15.02.2015 and had a son

from the marriage. Due to differences, marriage somehow did not

work. During passage of time, both realized that there are no

chances of reunion and therefore, decided to live separately so as to

lead their life as per choice. With the intervention of friends and

relatives, the couple has settled the matter and in accordance with

settlement, filed Hindu Marriage Petition No. 557/2022 seeking

decree of divorce by mutual consent in terms of Section 13(B) of the

Hindu Marriage Act. It was decided that the husband would pay

total sum of Rs. 18 lakhs for wife and son, towards full and final

settlement. On account of settlement, the wife has no objection to

.

     Judgment                                                           1apl1137.21



quash the criminal prosecution.            In pursuance of settlement, the

compromise deed has been produced on record. Today, non-

applicant No. 2 wife is present before us, who has been identified by

her Advocate Mr. T. Sheikh. On our query, wife agreed about the

settlement, receipt of sum as stated in the deed, filing of divorce

petition and her no objection to quash the proceeding.

4. The dispute is of domestic nature which has no social

impact. Already the matter is worked between the parties,

therefore, there is no purpose in continuing criminal prosecution. In

view of that, we are inclined to exercise our extraordinary powers.

Application is allowed. We hereby quash and set aside FIR vide

Crime No. 464/2021 for the offence punishable under Sections 504,

506, 498-A read with Section 34 of the Indian Penal Code registered

with Police Station Arni, Dist. Yavatmal.

5. Application stands disposed of in above terms.

( BHARAT P. DESHPANDE, J) (VINAY JOSHI, J.) Gohane

.