Bombay High Court
Shailesh Balasaheb Wakode And 4 Others vs The State Of Mah. Thr. Pso Khadan Akola ... on 20 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17579-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1383 OF 2022
1. Shailesh Balasaheb Wakode, aged about
33, Occ. Education.
2. Balasaheb Omkar Wakode, Aged about
59, Occu : Business.
3. Smt. Sunanda w/o Balasaheb Wakode,
aged about 58 years, Occu : Retired.
4. Yogesh s/o Balasaheb Wakode, aged
about 30 years, Occu : Education.
5. Duryodhan Sampat Deshbhratar, aged
about 56 years, Occu. Teacher.
All R/o Laddha Plot Badnera, Tq. And Dist.
Amravati.
... APPLICANTS
VERSUS
1. The State of Maharashtra, through
Police Station Officer, Khadan Akola,
Tq. And Distt. Akola.
2. Smt. Swapnil Shailesh Wakode, aged
about 34, Occu : Business, R/o
Nimwadi Police Line, Police Colony
Building No.7, Akola.
... NON-APPLICANTS.
2
_____________________________________________________________
Shri D.L. Dharmadhikari, Advocate for the applicants.
Shri Ghurde, Addl.P.P. for the State
Mrs. Ratna Singh, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 20.12.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final disposal by consent of the
learned Counsel appearing for the parties.
3. The applicants are seeking to quash the First Information
Report bearing Crime No.649 of 2022 registered with the Khadan
Police Station, Akola for the offence punishable under Sections 498-A,
506, 354, 354-A read with Section 34 of the Indian Penal Code, on
account of mutual settlement.
4. The couple got married on 19.11.2021. After few days from
the marriage, there was matrimonial harassment hence the informant
has lodged the report. The investigation is going on however charge-
sheet has not been filed. During the pendency of the application, we
have noticed an element of settlement, hence the matter was referred
for mediation. The learned Mediator conducted several meetings with
the parties. Finally the mediation turns to be successful. The terms of
settlement have been prepared and incorporated into the consent
terms, which are filed on record. The parties have agreed to apply for
divorce by mutual consent. The husband agreed to pay sum of Rs.2
lakhs towards full and final settlement and to return all household
articles as per list annexed with the consent terms.
5. Today, the informant lady is present before us, who is
identified by her Counsel Mrs. Ratna Singh. The informant has agreed
about the terms of settlement arrived before the Mediator and also filed
their affidavit-cum-reply stating about the settlement and her no
objection to quash the proceedings.
6. It is a matrimonial dispute. Both have realized that due to
temperamental differences it is not possible to live together and they
have decided to severe matrimonial ties. The couple has no issue from
the marriage. Already the petition for divorce by mutual consent has
been filed. The husband has deposited sum of Rs.2 lakhs in the Family
Court. The petition for divorce bears a recital that all articles have been
returned. Both have undertaken to appear before the Family Court for
obtaining decree of divorce.
7. In view of the above, we deem it appropriate to exercise
our inherent powers. In view of that, the application is allowed. We
hereby quash and set aside the First Information Report bearing Crime
No.649 of 2022 registered with the Khadan Police Station, Akola for the
offence punishable under Sections 498-A, 506, 354, 354-A read with
Section 34 of the Indian Penal Code.
8. The application stands disposed of accordingly.
9. Fees of the appointed Counsel be paid as per Rules.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 22/12/2023 16:46:36
