Bombay High Court
Nikhil S/O Purshottam Bhajan And 4 ... vs The State Of Maharashtra, Thr. Pso, ... on 1 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:16789-DB
J APL-829-2021.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.829 OF 2021
APPLICANTS : 1 Nikhil S/o Purshottam Bhajan
Age:- 34 years, Occ. Service, R/o 66,
Gali No.5, Bajrang Nagar, Manewada
Road Nagpur.
2 Purshottam S/o Madhodev Bhajan,
Age: 69 years, Occu. Retired, R/o 66,
Gali No.5, Bajrang Nagar, Manewada
Road Nagpur.
3 Smt. Vidhya W/o Purshottam Bhajan,
Age :- 54 years, Occ. Housewife, R/o
66, Gali No.5, Bajrang Nagar,
Manewada Road Nagpur.
4 Smt. Sneha W/o Nilesh Mahant,
Age:- 33, Occ. Consultant, Yogendra
Nagar, Near Bank of Baroda Nagpur.
5 Smt. Sarita @ Padma W/o
Ramchandra Hingwe, Age-46, Occ.
Housewife, R/o 67, Gali No.5, Bajrang
Nagar, Manewada Road Nagpur.
..VERSUS..
RESPONDENTS : 1 The State of Maharashtra,
through Police Station, Ajani, Nagpur.
2 Smt. Mayuri W/o Nikhil Bhajan,
aged about: 24 years, Occ. Education,
Present Address R/o C/o Sanjay
Kesare, S-6, Hairom Colony Omkar
Nagar, Nagpur
J APL-829-2021.odt
2
Plot No.66, Gali No.5, Bajrang Nagar,
near Siddheshwar Sabhagruh, Nagpur.
(Before Address)
-----------------------------------------------------------------------------------------
Ms J. Dharmadhikari, Adv h/f Mr D. L. Dharmadhikari, Advocate for Applicants.
Mr J. Y. Ghurde, APP for Respondent No.1/State.
Mr N. Samundre, Advocate for Respondent No.2.
--------------------------------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND M. W. CHANDWANI, JJ.
DATE : 1st DECEMBER, 2023.
ORAL JUDGMENT : (PER : VINAY JOSHI, J.)
. Heard finally by consent of the learned Counsel
appearing for the parties.
Admit.
2. This is an application seeking to quash charge-sheet
arising out of Crime No.282 of 2021 registered with Ajani
Police Station, District Nagpur, for the offence punishable
under Sections 307, 498-A, 325, 323, 506, 504, 120-B and 34
of the Indian Penal Code, 1860, on account of mutual
settlement.
3. The informant lady got married with applicant No.1
on 06.12.2019. The applicants are husband, parents-in-law,
sister-in-law and neighbouring lady. Soon after the marriage, the
J APL-829-2021.odt
informant started to reside in the company of applicants,
however, the marriage does not run smoothly. There was a
matrimonial dispute in which the lady perceived consistent
harassment. She has approached to the Police with a grievance,
however, cognizance was not taken. The informant has filed an
application to the concerned Magistrate, in terms of Section
156(3) of the Code of Criminal Procedure. In pursuance of
directions issued by the Magistrate, the Police have registered
the aforesaid crime and carried investigation. After completion
of investigation, charge-sheet has been filed.
4. During pendency of this application, this Court has
perceived the element of settlement. Since it was a matrimonial
dispute and the parties were keen for settlement, the matter was
referred for mediation. The learned Mediator took several
meetings and ultimately mediation efforts resulted into success.
It was decided that the parties shall take divorce by mutual
consent. The husband would pay total sum of Rs.8,50,000/-
towards full and final settlement. It was also decided that the
husband would return the marital articles to the wife informant.
J APL-829-2021.odt
The terms of settlement have been reduced into writing in the
form of agreement before the learned Mediator. Both the parties
have signed the terms of agreement which is a matter of record.
5. Though the Police have invoked the provisions of
Section 307 of the IPC, we have gone through the contents of
Police report. It is alleged that the husband has tried to throttle
the lady as well as assaulted her by means of steel rod. In
reported case of Gian Singh vs. State of Punjab and Another , it
has been ruled that mere invocation of particular Section by
Police is not enough, but Court has to see the facts when the
parties seek for quashing on account of settlement. It is purely a
matrimonial dispute. The things went worst, as there are
allegations and counter allegations against each other. Both have
realized that the marriage would not work. The couple is young
having no issues. They have mutually decided to severe
matrimonial ties and lead their life as per their choice. The
efforts of mediation yielded by settling the dispute. Already the
informant wife has withdrawn the proceeding filed under
Domestic Violence Act, in pursuance of settlement. The
J APL-829-2021.odt
household articles have already been returned to the lady in
presence of Protection Officer. It is informed that agreed sum of
Rs.8,50,000/- has been deposited in the Family Court which
were to be paid to the informant lady, after passing of decree of
divorce. It is informed that the pending petition for divorce has
been converted into divorce by mutual consent in terms of
Section 13B of the Hindu Marriage Act, 1955.
6. Having regard to the above peculiar facts that it is a
domestic dispute and the matter is settled, continuation of
prosecution amounts to abuse of the process of Court. Though,
the provisions of Section 307 of the IPC have been invoked,
however, the Police paper gives impression that it was an
outcome of bitter hatred in between the couple. Both are firm
on the point that they can not live together. In the
circumstances, the continuation of prosecution may become an
obstacle in their decision of severing matrimonial ties in
permanency.
J APL-829-2021.odt
7. Considering the above peculiar facts, we are inclined
to accede the request for quashing of charge-sheet. Moreover,
today the informant wife has also filed an affidavit stating about
the settlement and her no objection to quash the proceeding.
8. In view of above, the criminal application is allowed.
We hereby quash and set aside the charge-sheet (R.C.C.
No.4467 of 2022) arising out of Crime No.282 of 2021
registered with Ajani Police Station, District Nagpur, for the
offence punishable under Sections 307, 498-A, 325, 323, 506,
504, 120-B and 34 of the IPC.
9. The criminal application stands disposed in above
terms.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
TAMBE
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 06/12/2023 10:38:01
