Bombay High Court
Suryagupta S/O Hemaji Aakre vs State Of Mha. Thr. Pso Kanhan ... on 12 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
Judgment 49apl1675.22
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1675/2022
Suryagupta s/o. Hemaji Aakre,
Aged 40 yrs., Occ. Service,
R/o. Patel Nagar, Ward No.2,
Kanhan, Dist. Nagpur.
... APPLICANT
VERSUS
1. State of Maharashtra
through P.S.O. Kanhan,
Dist. Nagpur.
2. Rani Suryagupta Akre,
Aged about 35 yrs.,
R/o. Patel Nagar, Ward No.2,
Kanhan, Dist. Nagpur.
... NON-APPLICANTS
---------------------------------
Mr. C. D. Thamke, Advocate for applicant.
Mr. A.M. Kadukar, APP for non-applicant No.1/State.
Mr. S. R. Pimple, Advocate for non-applicant No.2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : APRIL 12, 2023.
.
Judgment 49apl1675.22
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 600/2022 for the offence punishable
under Section 307 of the Indian Penal Code registered with Police
Station Kanhan, Dist. Nagpur on account of settlement in between
the parties.
4. The informant-lady has filed report against the applicant-
husband alleging that on 16.10.2022, the applicant poured kerosene
at her person and attempted to commit murder, therefore the
report.
5. The matter was settled between the parties who are
husband and wife. The couple got married on 07.05.2006 and
having a daughter from wedlock. It appears that out of matrimonial
dispute, the incident occurred as of sudden. The informant has
settled the matter and started to reside with the applicant-husband.
.
Judgment 49apl1675.22
The parties have filed the compromise deed, wherein the informant
gave her no objection to quash the proceeding. She also stated that
presently she is happily residing with the applicant-husband.
6. The informant-lady is present before us who is identified
by her Advocate Mr. S. R. Pimple. On inquiry, she has admitted
about the settlement and her no objection for quashing of FIR.
Though the offence is under Section 307 of the Indian Penal Code,
however this case has its peculiar factors. It is an occurrence
between husband and wife. The lady stated that after incident, she
went to her maternal house, but within one week, settlement arrived
and in presence of that she has joined the company of her husband.
She stated that from last six months, she is residing with the
applicant-husband and urged to quash FIR to protect her
matrimonial ties.
7. We have also examined the nature of occurrence,
wherein husband has merely poured a kerosene on the person of
informant, but did nothing thereafter. Perhaps that may be an
attempt to threaten the wife. No one was injured in the occurrence.
.
Judgment 49apl1675.22
Considering said factual aspect and more particularly that the couple
is residing together, it would be in the interest of justice to invoke
inherent jurisdiction. We are of the considered view that in order to
secure the ends of justice, discontinuation of criminal prosecution is
warranted.
8. In view of above peculiar facts, application stands
allowed. We hereby quash and set aside FIR vide Crime
No. 600/2022 for the offence punishable under Section 307 of the
Indian Penal Code registered with Police Station Kanhan, Dist.
Nagpur.
9. Application stands disposed of in above terms.
( BHARAT P. DESHPANDE, J) (VINAY JOSHI, J.)
Gohane
.
