Bombay High Court
Vishwas S/O Bhimrao Lamghare And 3 ... vs State Of Mah. Thr. Pso Ps ... on 8 August, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1111 OF 2023
1. Vishwas s/o Bhimrao Lamghare, Aged
43 years, Occ. Bank Manager
2. Kaikai w/o Bhimrao Lamghare,
Aged 73 years, Occ. Housewife.
3. Pratima d/o Bhimrao Lamghare
Aged about 53 years, Occ. Government
Servant.
4. Varsha d/o Bhimrao Lamghare, Aged
about 51 years, Occ. Housewife.
All applicants are R/o House No.61, Air Force
Colony, Near Sarthee Public School, Dhabha,
Wadi, Nagpur.
... APPLICANTS.
VERSUS
1. State of Maharashtra, through
the Police Station Officer, Gittikadan
Police Station, Nagpur.
2. Pratiksha w/o Vishwas Lamghare,
aged 35 years, Occ. Housewife, R/o
Quarter No.17, Type-2, Block-3
CPWD Colony, Katol Road, Nagpur
(M.H.)
... NON-APPLICANTS.
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_____________________________________________________________
Shri M.S. Dube, Advocate for the applicants.
Shri Thakare, A.P.P. for the non-applicant/State.
Shri S. Dewani, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATED : 08.08.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Non-applicant no.2 (informant) is appeared suo moto
through the learned Counsel Shri Dewani.
2. Heard. ADMIT. The matter is taken up for final disposal by
consent of learned Counsel appearing for the parties.
3. This is an application seeking to quash the First Information
Report in Crime No.258 of 2022 registered with the Gittikadan Police
station, Nagpur City for the offence punishable under Sections 498-A,
420, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code
and related Charge-sheet bearing R.C.C. No.4938 of 2022 pending on
the file of the Judicial Magistrate First Class, Nagpur, on account of
settlement.
4. The couple got married in the month of October 2019. The
matrimonial differences arose out of which the informant/wife has
lodged the report. She has also filed the proceedings in the Family
Court for seeking decree of divorce. In said proceedings, the matter was
referred to the marriage Counselor before whom the parties have
resolved the dispute and decided to reside together. It was also decided
that each one shall withdraw all the allegations. The informant/wife
agreed to cooperate for disposal of existing criminal case. Copy of the
consent terms filed in the Family Court, Nagpur has been produced
before the Court.
5. The informant/wife is present before the Court, who is
identified by her learned Counsel Shri Dewani. On our query, she has
admitted about the settlement and her no objection to quash the
proceedings. Particularly she stated that presently she is living with
applicant no.1 (husband).
6. Since the matrimonial dispute has been resolved, certainly
quashing of criminal proceedings would further to save the marriage.
7. In view of above, it is a fit case to exercise our inherent
jurisdiction, hence the following order :
(a) The application is allowed.
(b) We hereby quash and set aside the First Information Report
in Crime No.258 of 2022 registered with the Gittikadan
Police station, Nagpur City for the offence punishable under
Sections 498-A, 420, 406, 323, 504, 506 read with Section
34 of the Indian Penal Code and related Charge-sheet
bearing R.C.C. No.4938 of 2022 pending on the file of the
Judicial Magistrate First Class, Nagpur.
8. The application stands disposed of.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Trupti
