Bombay High Court
Bhagwat Shriram Padolkar vs State Of Mah. Thr. Pso, Ps, Andhera ... on 20 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
6.apl557.2023jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 557 OF 2023
Bhagwat Shriram Padolkar
Age - 37, Occu. Agriculturist,
R/o. Kavhala, Tq. Chikhali, ... Applicant
Dist. Buldhana.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Police Station Andhera,
Tq. Deulgaon Raja, Dist. Buldhana.
...Non-applicants
2. Snehal Bhagwat Padolkar
Age 30 yrs, Occu. Household,
R/o. Mehara Bk., Tq. Chikhali,
Dist. Buldhana.
Mr. Kartik Rao, Advocate for applicant.
Mr. N.R. Rode, APP for non-applicant No.1.
Mr. Rishi D. Narkhede, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
BHARAT P. DESHPANDE, JJ.
DATED : 20.04.2023.
ORAL JUDGMENT : (PER: Vinay Joshi, J.)
. Admit. Heard finally by the consent of the learned
counsel for the respective parties.
(2) This is an application in terms of Section 482 of the
Code of Criminal Procedure, seeking to quash FIR vide Crime
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6.apl557.2023jud.odt
No.85/2022, for the offence punishable under Sections 377, 498-A,
294, 506 read with Section 34 of the Indian Penal Code registered with
Police Station Andhera, Tq. Deulgaon Raja, District - Buldhana, along
with charge-sheet No.7/2023, filed in the Court of Judicial Magistrate
First Class, Deulgaon Raja, District Buldhana. The quashing is sought
on account of mutual settlement in between the parties. The family
members of petitioner - husband have filed Criminal Application (APL)
No.491/2022, for quashing of the same FIR, which was quashed by
this Court vide order dated 17.11.2022 on account of settlement.
(3) The wife has lodged report alleging matrimonial
harassment and unnatural sexual activities at the hands of husband.
During pendency of petition, the parties have amicably settled the
dispute and decided to obtain a divorce by mutual consent. In
accordance with that they have filed Hindu Marriage Petition
No.87/2022, in the Court of Civil Judge Senior Division, Buldhana.
One of the term of settlement was that the husband was supposed to
pay sum of Rs.12,00,000/- to the wife towards full and final
settlement. The wife has appeared before this Court and made a
statement about the compromise and her no objection to quash FIR.
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6.apl557.2023jud.odt
In pursuance of that husband has deposited the entire sum in the Civil
Court where Hindu Marriage Petition is pending. Today, receipt of
deposit has been shown across the bar, about the deposit made on
17.04.2023.
(4) The parties found that their marriage is not
workable and therefore, they took conscious decision to separate from
each other. The issue of custody as well as maintenance has been
resolved by way of settlement. The parties are desirous to lead their
life separately as per their choice.
(5) Considering the peculiar facts of this case, the
offences cannot be termed as anti social or heinous. Continuation of
criminal prosecution may put hurdle in the settlement mutually
arrived by the parties. Having regard to above, peculiar facts, we are
inclined to invoke our inherent jurisdiction.
(6) In view of that, the application is allowed. We
hereby quash and set aside FIR in Crime No.85/2022, registered with
Police Station Bhuldhana, District - Buldhana, for the offence
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6.apl557.2023jud.odt
punishable under Sections 377, 498-A, 294, 506 read with Section 34
of the Indian Penal Code along with Charge-sheet No.07/2023, filed in
the Court of Judicial Magistrate First Class, Deulgaon Raja, District
Buldhana.
[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]
Prity
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