Ankur S/O Ganesh Gir Goswami And 3 ... vs The State Of Mah. Thr. Pso Ps Rajura ...
2023 Latest Caselaw 1491 Bom

                                       1    44apl1683.22.odt

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

           CRIMINAL APPLICATION (APL) NO. 1683/2022

1.   Ankur S/o. Ganesh Gir Goswami,
     aged about 29 yrs., Occ. Job,
     R/o. 1-2 Palace Colony,
     behind 6 Bungalow,
     Dist. Indore (M.P.) - 452001.

2.   Ganesh Gir Goswami,
     aged about 56 years, Occ. Nil,
     R/o. 1-2 Palace Colony,
     behind 6 Bungalow,
     Dist. Indore (M.P.) - 452001.

3.   Deepa w/o. Ganesh Gir Goswami,
     aged about 52 years, Occ. Housewife,
     R/o. 1-2 Palace Colony,
     behind 6 Bungalow,
     Dist. Indore (M.P.) - 452001.

4.   Anisha @ Kanchan w/o. Sawan Goswami,
     aged about 34 yrs., Occ. Housewife,
     R/o. 1-2 Palace Colony,
     behind 6 Bungalow,
     Dist. Indore (M.P.) - 452001.
                                                         APPLICANTS

                             VERSUS

1.   State of Maharashtra,
     through Police Station Officer,
     Police Station Rajura,
     Dist. Chandrapur.

                                                     (Applicant No.5
2.   Smt. Simran w/o. Ankur Goswami,                 transposed as Respondent
     Aged about 25 years, Occ. Nil,                  No.2 and amendment
                                                     carried out as per Court's
     R/o. Pariwar House, Hyderabad Road,             order dated 24.01.2023.)
     Shri Niwas Colony, Teh. Rajura (Manikgarh),
     Dist. Chandrapur (MS)-442905.
                                                   RESPONDENTS
                                                  2               44apl1683.22.odt

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Mr. R. Chhabra, Advocate for applicants. Mrs. M. Deshmukh, APP for respondent No.1. Mr. Tiwari, Advocate for respondent No.2.

CORAM : VINAY JOSHI AND VALMIKI SA MENEZES JJ.

DATE : 14.02.2023

ORAL JUDGMENT (PER VINAY JOSHI, J.)

Heard.

2. This is an application under Section 482 of the Code of

Criminal Procedure seeking to quash First Information Report ('FIR') and

charge sheet in Crime No. 156/2022 for the offence punishable under

Sections 498-A read with Section 34 of the Indian Penal Code and

Sections 3, 4 of the Dowry Prohibition Act registered with Police Station

Rajura, District Chandrapur.

2. The respondent No.2/informant-lady has lodged report

alleging matrimonial harassment on account of dowry demand. The

marriage between couple took place on 10.03.2021 and after initial few

days, the lady faced physical as well as mental harassment to meet

unlawful demand and therefore, the report. The Police investigated the

matter and filed charge-sheet in the Court of concerned Magistrate.

3. The couple has no issue from the marriage. Some other

proceedings were also pending in between the parties. The couple is of 3 44apl1683.22.odt

the view that their marriage would work no more. A couple is young.

Considering their future prospects in the life, they decided to sever

matrimonial ties and live as per their wish. With intervention of

relatives and mediator, the matter has been amicably settled in between

the couple. They had applied for divorce by mutual consent, on which

the Competent Court has passed decree of divorce on 11.11.2022. It

was one of the term of settlement that the husband would pay Rs. 21

lakhs to the wife towards full and final settlement.

4. Today, the informant-lady is present in the Court along with

her cousin brother namely Harshal Khiyani. The informant is identified

by her counsel. We have inquired her in which she accepted the

settlement and receipts of agreed sum. She has also consented for

quashing of FIR, rather she would submit that in view of settlement, she

does not want to prosecute the criminal case.

5. The dispute is of domestic nature having no social impact.

The parties have decided to sever matrimonial ties and walk ahead in

the life as per their choice. Since there is settlement, there is no purpose

in continuing the criminal trial as it would be exercise in futility.

6. In view of above, we deem it appropriate to invoke our

inherent powers to secure the ends of justice. We hereby quash and set

aside the FIR in Crime No. 156/2022 for the offence punishable under

Sections 498-A read with Section 34 of the Indian Penal Code and 4 44apl1683.22.odt

Sections 3, 4 of the Dowry Prohibition Act registered with Police Station

Rajura, District Chandrapur along with Criminal Case bearing RCC No.

198/2022 pending on the file of Judicial Magistrate First Class,

Chandrapur.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

Gohane

JITENDRA BHARAT GOHANE Digitally signed by JITENDRA BHARAT GOHANE Date: 2023.02.15 17:59:23 +0530