Kiran Prakash Manmode And 2 Others vs State Of Mah. Thr. Pso Khadan Ps ...
2023 Latest Caselaw 4406 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                 CRIMINAL APPLICATION (APL) NO. 540 OF 2023

       1.       Kiran Prakash Manmode, Age about 31
                years, occupn. Service.

       2.       Sau. Indubai Prakash Manmode, aged
                about 56 years, Occpn. Household.

       3.       Prakash Manmode, aged about 59 years,
                Occupn. Nil.

                All r/o Vyala, Tq. Balapur, Distt. Akola.


                                                            ... APPLICANTS

                                     VERSUS

       1.       State of Maharashtra, through
                P.S.O. Khandan Police Station,Akola.

       2.       Komal Kiran Manmode, aged about
                22 years, Occupn. Household, R/o
                C/o Vilas Pandharinath Suryavanshi,
                Ram Nagar, Plot No.14/13, Near
                Hanuman Mandir, Near Old Well,
                Girna Pumping Road, Shridhar
                Nagar Jalgaon (Khandesh)

                                                       ... NON-APPLICANTS

  _____________________________________________________________
         Shri A.M. Sharma, Advocate for the applicants.
         Shri Kadukar, A.P.P. for the non-applicant/State.
         Ms. G. Mishra, Advocate for non-applicant no.2.
  ______________________________________________________________


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

DATED : 28/04/2023.

JUDGMENT : (Per : Vinay Joshi, J.)

Heard. ADMIT.

2. The matter is taken up for final hearing by consent of

learned Counsel appearing for the respective parties.

3. By this application the applicants is seeking to quash the

First Information Report vide Crime No.341 of 2022 registered with the

Khadan Police Station District Akola for the offence punishable under

Sections 498-A, 377, 323, 504, 506 read with Section 34 of the Indian

Penal Code, on account of settlement.

4. The marriage of the informant and applicant no.1 took

place on 20.04.2022. After marriage, the lady resumed co-habitation,

however she suffered matrimonial harassment. It is alleged that the

applicants has also sexually harassed the lady for which the report. It is

informed that yet the charge-sheet has not bee filed.

5. The couple has no issue from the marriage. The husband

has already filed a petition for restitution of conjugal rights. During

pendency of said proceeding, with the aid and intervention of friends

and relatives, the parties have arrived at settlement. It was decided that

as the marriage is not workable, they would severe the matrimonial ties

by applying for divorce. It was decided that the husband shall pay sum

of Rs.2.51 lakhs towards full and final settlement. The terms of

settlement were reduced into writing and filed on the record. The

informant lady has filed a reply stating about the settlement and her no

objection for quashing of FIR.

6. The couple is young and desirous to break the marriage as

despite efforts they are of the view that it would not work in future.

They wanted to lead their life as per their choice. The informant stated

that out of domestic dispute, she has filed the report. Though there are

some serious allegations, the wife stated that she has no grievance on

account of settlement. Everything erupted out of matrimonial

differences, which cannot be stated to be antisocial. Having regard to

the fact that both are willing to settle the dispute and lead their life

separately, for betterment of the couple, we deem it appropriate to

exercise our inherent jurisdiction.

7. We have attracted the attention of parties to the fact that

the FIR was filed long back and the Police have carried investigation by

devoting time. At this juncture, learned Counsel for the applicants

undertakes to pay costs of Rs.10,000/-.

8. In view of the above, the application is allowed. We hereby

quashed and set aside the First Information Report vide Crime No.341

of 2022 registered with the Khadan Police Station District Akola for the

offence punishable under Sections 498-A, 377, 323, 504, 506 read with

Section 34 of the Indian Penal Code.

9. The applicants shall deposit the costs of Rs.10,000/- with

the High Court Bar Association on or before 03.05.2023. The matter be

placed on 04.05.2023 for noting compliance.

10. The application stand disposed of accordingly.

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



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