Bombay High Court
Monali Prashant Deshmukh vs State Of Mah. Thr. Pso Ps Ashti ... on 24 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1450/2022
Monali Prashant Deshmukh,
age 29 yrs., Occ. Private Job,
R/o C/o. Ganeshrao Jane,
Khabit, Tah. Asti, Dist. Wardha.
APPLICANT
VERSUS
State of Maharashtra through
Police Station Officer, Police Station
Ashti, Dist. Wardha.
NON-APPLICANT
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Mr. U.J. Deshpande, Advocate for applicants.
Mr. V. A. Thakare, APP for non-applicant/State.
CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE JJ.
DATE : 24.04.2023
ORAL JUDGMENT (PER VINAY JOSHI, J.)
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 165/2022 registered with Police Station
Ashti for the offence punishable under Sections 353 and 506 of the
Indian Penal Code and related charge-sheet.
2 34apl1450.22.odt
4. The report has been lodged by the Assistant Superintendent
of Civil Court, Ashti regarding incident occurred in Court hall on
07.07.2022. It is prosecution case that at the relevant time, in the Civil
Court, Tal. Ashti, Dist. Wardha, the applicant in the capacity of litigant
appeared. She had instituted the proceeding under the provisions of
Protection of Women from Domestic Violence Act. She felt that there
was no progress in the matter, hence raised voice and argued with the
learned Judge in inappropriate manner. She also threatened to commit
suicide and thus, interrupted the smooth functioning of the Court and
therefore, the report. The Police investigated the matter and as per
statement made by the learned public prosecutor charge-sheet has been
filed.
5. This case has peculiar facts of its own. A litigant got
disturbed due to delay in executing the order of the maintenance. The
applicant has realized her mistake and on 28.11.2022 has shown
repentance to this Court. She also undertook to file an unconditional
apology to the concerned Court. In pursuance of that, the applicant lady
has filed affidavit in the Court of the learned Civil Judge on 28.11.2022,
of which copies are made available. She has stated that due to financial
crunches, she was disturb. She expressed that her behaviour was
outcome of her mental stress and therefore, she filed an unconditional
apology. The learned Civil Judge has noted the contents and accepted
the apology tendered by the applicant.
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6. The unlimited inherent powers are vested with this Court
for securing the ends of justice and to prevent the abuse of the process of
the Court. The incident perhaps had occurred due to frustration of a
lady of not getting executed the maintenance order. She herself has
admitted her mistake, tendered unconditional apology which was also
accepted by the Civil Court. The matter cannot be said to be against the
society or of grave nature. Since a frustrated lady has realized her
mistake and undertakes that she would not repeat the things, there is no
purpose in continuing the prosecution.
7. In view of above, we find that continuation of proceeding
would be exercise in futility. In the circumstances, we are inclined to
invoke our inherent powers by allowing this application. We hereby
quash and set aside FIR vide Crime No. 165/2022 registered with Police
Station Ashti for the offence punishable under Sections 353 and 506 of
the Indian Penal Code and related charge-sheet.
8. Application stands disposed of in above terms.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Gohane
