Ashwini Kumar S/O Omprakash Vyas ... vs State Of Mah. Thr. Pso Ps Dattapur ...
2023 Latest Caselaw 1050 Bom

                                   1                    30-J-APL-1001-22.doc


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

          CRIMINAL APPLICATION (APL) NO. 1001 OF 2022

APPLICANTS : 1.               Ashwini Kumar s/o Omprakash Vyas,
                              Age - 42 years, Occ - Service.

                      2.      Om Prakash Vyas,
                              Age - 64 Years, Occ - Retired.

                      3.      Kiran Devi Vyas,
                              Age - 62 Years, Occ - Housewife.

                              All applicants are presently Residing at
                              302 B Block Vandana Earls Court Apartment,
                              Kudlu Gate Banglore South,
                              Bommanahalli - 560068.

                              VERSUS

NON-APPLICANTS : 1.                 State of Maharashtra
                                    Through P. S.O. Police Station,
                                    Dattapur, Amravati Rural.

                              2.    Priya Ashwinikumar Vyas,
                                    Aged abt. 36 Years, Occ - Household
                                    R/o Dhamangaon Rly,
                                    Marwadi Boarding, Tq. Dhamangaon
                                    Rly, Dist. Amravati.
-------------------------------------------------------------------------------------------
Shri Yogesh Shukla, Advocate for applicants.
Shri M. J. Khan, Additional Public Prosecutor for respondent No.1.
Shri P. V. Navlani, Advocate for respondent No.2.
-------------------------------------------------------------------------------------------
                              CORAM:- VINAY JOSHI AND
                                             VALMIKI SA MENEZES, JJ.

DATED : 01/02/2023.

ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

1. Admit. Heard finally with the consent of learned

counsel appearing for the parties.

2 30-J-APL-1001-22.doc

2. This is an application in terms of Section 482 of the

Code of Criminal Procedure seeking to quash First Information

Report in Crime 0305/2022 for the offence punishable under

Section 498-A r/w Section 34 of the Indian Penal Code.

3. The couple got married on 11/12/2009 and is blessed

with one daughter. However, during passage of time, they were

unable to adjust with each other. In the result, they started to

reside separately since 2017. Then the matter was patched up,

however, again, they were separated from 07/11/2021. Since the

lady has been allegedly harassed by her husband and in-laws, she

has filed existing report with the concerned police. The police

investigated the matter and filed charge sheet in the Court of

concerned Magistrate. The said case bearing Regular Criminal

Case No.159/2022 is presently pending on the file of Judicial

Magistrate First Class, Dhamangaon Railway, Dist, Amravati. It is

informed that yet, charges have not been framed in the trial.

4. The husband and in-laws were of the view that the

allegations levelled in the report are totally false. Therefore, they

have applied for quashing of First Information Report. During

pendency of this application, with intervention of friends, relatives

and learned Mediator, the parties have arrived at settlement. Both

sides were in agreement that the marriage may not run smoothly.

3 30-J-APL-1001-22.doc

Therefore, they decided to severe matrimonial ties by mutually

applying to the Competent Court for Decree of Divorce in terms of

Section 13-B of the Hindu Marriage Act, 1955. In accordance with

that, they have already filed a joint application to the Court of

Civil Judge, Senior Division, Amravati vide HMP No.43/2023. On

the date of presentation, both have agreed the contents before the

learned Judge and now, the matter has been postponed by Civil

Judge, Senior Division for the period of six months due to

statutory requirements of observing cooling period.

5. The copy of petition for divorce has been produced

which sets out the terms and conditions mutually arrived at, in

between the parties. It was one of the major term that the husband

would execute a gift deed of flat at Bangalore as regards to his

undivided 50% share. In accordance with the said term, the

husband has executed registered gift deeds on 30/01/2023, of

which today original gift deed is handed over to the wife, of which

admittedly the wife is owner of remaining 50% share.

6. It was agreed that the husband would pay total sum of

Rs.28,00,000/- to the wife towards full and final settlement. Out

of that, already sum of Rs.2.50,000/- has been paid to the wife

which she accepted.

4 30-J-APL-1001-22.doc

7. Having regard to the financial constraints of the

husband, he has handed over five post-dated cheques about

remaining amount which would be presented stage-wise till

15/09/2023. The husband has assured before us that he would see

that all the cheques would be honoured and further submitted that

in case, either of the cheques is dishonoured, without hearing him,

this Court may recall the order which we would pass.

8. Today, the informant - wife is present before us and she

agreed about the settlement and gave her no objection to quash

the First Information Report as well as related pending criminal

case. Moreover, she has signed a joint Pursis demonstrating the

settlement and admits her signature thereof. The informant - wife

has been identified before us by her learned counsel Shri Navlani

and more particularly, today she is accompanied with her mother

namely; Smt. Asha Bissa. The informant has given her consent for

quashing of First Information Report as by virtue of settlement, she

does not desire to proceed with criminal trial.

9. The offence is of domestic nature having no social

impact. Both the parties have decided to severe the matrimonial

ties and move ahead in the life as per their choice.

10. In the circumstances, there is no purpose in keeping the

trial pending as it would be a futile exercise.

5 30-J-APL-1001-22.doc

11. In view of the above, we deem it fit to exercise our

inherent jurisdiction and accordingly, we hereby quash and set

aside the First Information Report No.0305/2022 registered with

Police Station Dattapur, Dist. Amravati for the offence punishable

under Section 498-A r/w Section 34 of the Indian Penal Code

along with criminal case bearing Regular Criminal Case

No.159/2022 pending on the file of Judicial Magistrate First Class,

Dhamangaon Railway, Dist. Amravati.

12. Application is disposed of, in the above terms.

13. The applications pending if any, stand disposed of

accordingly.

                [VALMIKI SA MENEZES, J.]                    [VINAY JOSHI, J.]

     Choulwar




            Digitally signed by
VITHAL      VITHAL MAROTRAO
MAROTRAO    CHOULWAR
            Date: 2023.02.02 16:55:11
CHOULWAR    +0530