Ankit S/O Pralhadrao Godale And 2 ... vs State Of Mha. Thr.F Pso Ps ...
2023 Latest Caselaw 1803 Bom

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

       CRIMINAL APPLICATION (APL) NO. 297 OF 2023

APPLICANTS : 1.    Ankit s/o Pralhadrao Godale,
                   Aged about 31 years,
                   Occ - Service,

              2.   Sushma w/o Pralhadrao Godale,
                   Aged about 54 years,
                   Occ - Housewife,

              3.   Pralhadrao s/o Narayan Godale,
                   Aged about 64 years, Occ. : Nil,

                   All r/o Near Ravi Nagar,
                   Chhangani Nagar, Amravati,
                   Tq. & Dist. Amravati - 444607.

                   VERSUS

NON-APPLICANTS : 1.     State of Maharashtra
                        Through Police Station Officer,
                        Police Station, Frezarpura,
                        Amravati Tq. & Dist. Amravati.

                   2.   Pooja w/o Ankit Godale,
                        Aged about 24 years,
                        Occ. : Household,
                        R/o. Mudliyar Nagar,
                        Near Prakash Gadi Karkhana,
                        Amravati, Tq. & Dist. Amravati.

                         AND
       CRIMINAL APPLICATION (APL) NO. 298 OF 2023

APPLICANTS : 1.    Ankit s/o Pralhadrao Godale,
                   Aged about 31 years,
                   Occ - Service,

              2.   Sushma w/o Pralhadrao Godale,
                   Aged about 54 years,
                   Occ - Housewife,
                                       2                1-J-APL-297-23.doc



                              Both r/o Near Ravi Nagar,
                              Chhangani Nagar, Amravati,
                              Tq. & Dist. Amravati - 444607.

                              VERSUS

NON-APPLICANTS : 1.                 State of Maharashtra
                                    Through Police Station Officer,
                                    Police Station, Rajapeth,
                                    Amravati Tq. & Dist. Amravati.

                              2.    Pooja w/o Ankit Godale,
                                    Aged about 24 years,
                                    Occ. : Household,
                                    R/o. Mudliyar Nagar,
                                    Near Prakash Gadi Karkhana,
                                    Amravati, Tq. & Dist. Amravati.
-------------------------------------------------------------------------------------------
Shri Y. P. Bhelande, Advocate for applicants.
Ms. Mayuri Deshmukh, Additional Public Prosecutor for respondent
No.1.
Shri P. S. Thakur, Advocate for respondent No.2.
-------------------------------------------------------------------------------------------
                              CORAM:- VINAY JOSHI AND
                                             VALMIKI SA MENEZES, JJ.

DATED : 22/02/2023.

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

1. Admit. Heard finally with the consent of learned

counsel appearing for the parties.

2. Both applications are seeking to quash FIR in Crime

No.1588/2021 along with Criminal Case bearing RCC

No.872/2022 and FIR in Crime No.195/2022 along with related

RCC No.689/2022.

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3. Applicant - Ankit is husband, Sushma is mother-in-law

and Pralhadrao is father-in-law of the informant lady. The

marriage between the couple took place on 16/02/2021 which did

not run smoothly. Initially, informant lady lodged report bearing

Crime No.1588/2021 for the offences punishable under Section

498-A, 352, 504, 506 read with Section 34 of the Indian Penal

Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Later on, she again filed another report bearing Crime

No.195/2022 for the offences punishable under Sections 323, 324

and 504 read with Section 34 of the Indian Penal Code against her

husband and mother-in-law. In both proceedings, police

investigated and filed charge sheet in the Court of Jurisdictional

Magistrate.

4. In the meantime, the parties have amicably settled the

differences with the intervention of friends and relatives. Both

were in agreement that the marriage would not run and thus, they

decided to severe matrimonial ties. Both have jointly applied to

the Family Court for grant of divorce by mutual consent. In said

petition, they have filed the terms of settlement, wherein husband

has agreed to return various articles of wife on which the wife

agreed to co-operate in quashing both criminal proceedings.

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5. Today, the informant of both crimes is present before us

and she is identified by her Advocate Shri P. S. Thakur. On enquiry,

the informant stated that she has already received the articles as

agreed and she has no objection to quash both criminal

proceedings since the matter has been settled.

6. Basically, it was a matrimonial dispute which has been

settled. The offences are of personal nature having no social

impact. Both spouses are young and decided to separate from each

other. In the circumstances, there is no purpose in continuing the

criminal cases as it would be an exercise in futility. Having regard

to the above peculiar facts, we deem it appropriate to exercise our

inherent powers vested in terms of Section 482 of the Code of

Criminal Procedure.

7. Both applications are allowed. We, therefore, quash and

set aside Crime No.1588/2021 registered with Frezarpura Police

Station, Amravati along with related Criminal Case bearing RCC

No.872/2022 as well as Crime No.195/2022, registered with

Rajapeth Police Station along with related Criminal Case bearing

RCC No.689/2022.

8. Both applications are disposed of.

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9. 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 CHOULWAR Date: 2023.02.24 12:39:59 +0530