Bombay High Court
Vikas Arvind Bapat And 2 Others vs The State Of Mah. Thr. Pso ... on 24 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1 27apl411.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 411/2022
1. Vikas Arvind Bapat,
Age @ 33 yrs., Occ. Business,
2. Arvind Shankarrao Bapat,
Age @ 68 yrs., Occ. Business,
3. Aarti Arvind Bapat,
Age @ 65 yrs., Occ. Housewife,
All R/o. Plot No. 372, Madhav
Nagari, Isasani-Hingna Road, Nagpur,
Tq. & Dist. Nagpur.
APPLICANTS
VERSUS
1. State of Maharashtra through
through its Police Officer,
Chandrapur (City), Dist. Chandrapur.
2. Sau. Mona @ Reva Vikas Bapat,
Age @ 28 yrs., Occ. Not known,
R/o. Bhivapur Ward, Chandrapur,
Dist. Chandrapur.
NON-APPLICANTS
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Mr. S.M. Vaishnav, Advocate for applicants.
Mr. N. R. Rode, APP for non-applicant No.1/State.
Mr. A. Gahlod, Advocate for non-applicant NO.2.
CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE JJ.
DATE : 24.04.2023
2 27apl411.22.odt
ORAL JUDGMENT (PER VINAY JOSHI, J.)
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 45/2022 registered with Police
Station, Chandrapur (City) for the offence punishable under
Sections 498-A read with Section 34 of the Indian Penal Code on
account of settlement arrived in between the parties.
4. The informant got married with applicant No.1 on
23.12.2020. There were differences in between the couple. As the
marriage was not proved to be workable, the wife has filed the
report alleging matrimonial cruelty at the instance of husband and
his relatives. By virtue of interim order passed by this Court,
charge-sheet has not been filed.
5. During the pendency of proceeding, with the
intervention of elderly person of the family, the matter has been
settled. It was found that due to differences, it is difficult for the
couple to live together and therefore, they took decision to severe
matrimonial ties. The settlement was initiated and arrived before
the Mediator in the Family Court, Nagpur. In pursuance of
settlement, the husband has agreed to pay sum of Rs. Two lakhs to
the wife towards permanent alimony. Both have filed the petition
3 27apl411.22.odt
for divorce by mutual consent. It was decided to return the
Stridhan to the wife.
6. The informant wife is today present and filed a joint
application about the settlement. The copy of compromise memo
filed in the Family Court has also been tendered on record. The wife
has accepted about the settlement and receipt of partial sum of Rs.
One lakh as agreed. She has also agreed that as per Clause 5 of the
settlement deed, she has received all the ornaments. Today,
informant wife is present before us who is identified by her
Advocate Mr. A Gahlod. We have inquired with the informant, on
which she accepted about settlement and her no objection to quash
FIR.
7. It is a family dispute. Couple found unable to live
together. By consent, they decided to separate and lead the future
life as per their choice. The couple has no issue from the wedlock.
It would be in the interest of justice to exercise inherent powers. In
view of that, application is allowed. We hereby quash and set aside
FIR vide Crime No. 45/2022 registered with Police Station,
Chandrapur (City) for the offence punishable under Sections 498-A
read with Section 34 of the Indian Penal Code.
8. Application stands disposed of in above terms.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Gohane
