Advait Panjabrao Choudhary And ... vs State Of Mah. Thr. Pso, Ps, Warud, ...
2023 Latest Caselaw 527 Bom

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



       CRIMINAL APPLICATION NOS. 57/2023 & 259/2022.
                                  ....

CRIMINAL APPLICATION NO. 57/2023.

1.Advait Panjabrao Choudhary,
Aged about 41 years,
Occupation - Doctor,

2.Karuna Panjabrao Choudhary,
Aged about 66 years,
Occupation - Household,

3.Panjabrao Kisanji Choudhary,
Aged about 77 years,
Occupation - Retired,

All residents of Ward No.2, Sharada
Colony, Mu.Po.Warud, VTC Warud,
Tq. Warud, District Amravati.          ...   APPLICANTS.


                              VERSUS

1.State of Maharashtra,
Through Police Station Officer,
Police Station Warud,
Tq. Warud, District Amravati.



Rgd.
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2.Ragini w/o Advait Choudhary
Aged about 30 years,
Occupation - Household,
resident of Vidya Nagar, Kurkheda,
Tq. Kurkheda, District Gadchiroli.          ...   NON-APPLICANTS.

                        ---------------------------------
              Mr. Y.P. Bhelande, Advocate for Applicants.
                 A.P.P. for Non-applicant No.1/State.
           Mr.A.D. Dangore, Advocate for Non-applicant No.2.
                        ----------------------------------


CRIMINAL APPLICATION NO. 259/2022.

1.Rajashri w/o Ankur Malewar,
Aged about 36 years,
Occupation - Doctor,

2.Ankur w/o Umashankar Malewar,
Aged about 38 years,
Occupation - Private job,

Both residents of Flat No.103 A Wing,
CHS Ghodbunder Road, Patilpada
Hiranandani Estate, VTC Thane,
PO Sandozbaugh,
District Thane - 400607.                    ...     APPLICANTS.


                               VERSUS

1.State of Maharashtra,
Through Police Station Officer,
Police Station Warud, Amravati
Tq. and District Amravati.

Rgd.
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2.Ragini w/o Advait Choudhary
Aged about 30 years,
Occupation - Household,
resident of Vidya Nagar, Kurkheda,
Tq. Kurkheda and District Gadchiroli.        ...   NON-APPLICANTS.

                        ---------------------------------
               Mr. P.R. Agrawal, Advocate for Applicants.
                 A.P.P. for Non-applicant No.1/State.
           Mr.A.D. Dangore, Advocate for Non-applicant No.2.
                        ----------------------------------


                            CORAM : VINAY JOSHI AND
                                    VALMIKI SA MENENZES, JJ.

DATE : JANUARY 16, 2023.

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Both Criminal Applications contain prayer to quash the

first information report bearing Crime No.692/2021 registered with

respondent no.1 Police Station Warud, District Amravati for the

offence punishable under Sections 498-A, 504 read with Section 34

of the Indian Penal Code.

2. Criminal Application No.57/2023 has been filed by the

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husband and in-laws of the informant-wife, who is non-applicant

no.2 in the said application. Another Criminal Application

No.259/2022 is filed by the sister-in-law and her husband of the

husband of original informant. Since both applications arise out of

the same crime praying for the same relief, they are taken up for

disposal by this common judgment.

3. Considering the controversy involved in the matter, and

by consent of the learned Counsel appearing for the respective

parties, Criminal Applications are taken up for final disposal at the

stage of admission, by issuing Rule, making the same returnable

forthwith.

4. The informant - lady has lodged a report against all the

existing applicants in relation to matrimonial cruelty within the

meaning of Section 498-A of the Indian Penal Code. Precisely she

alleged that soon after the marriage she was harassed at the instance

of monetary demand. The informant lady has also filed an

application bearing No.17/2021 in the Court of Judicial Magistrate

First Class, Warud under Section 12 of the Domestic Violence Act

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(hereinafter referred to as "the D.V. Act" for short).        During

pendency of the said application parties have arrived at a settlement

and decided to set at rest the entire dispute. Parties have agreed to

mutually apply for divorce and to withdraw all the proceedings

including the existing first information report. The terms of

settlement have been filed in the proceedings filed under D.V. Act of

which copy has been annexed at page no.15 in Criminal Application

No.57/2023.

5. As per the said terms of compromise, the husband was

supposed to pay an amount of Rs.16 lakhs towards one time

settlement. In short, the proceedings would be withdrawn and the

parties would act as per the terms of settlement recorded therein,

including Clause no.6 about return of ornaments.

6. Today applicants in Criminal Application No.57/2023, are

present and particularly non-applicant no.2 i.e. informant - lady is

present before the Court. She is represented by Advocate Anup

Dangore, who has identified her before the Court. The contents of

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the terms of settlement have been read over and explained to the

informant, to which she agrees. The informant has also filed a

Pursis stating that the matter is settled as per the terms took place in

the D.V. proceedings and she has no objection for quashing of the

first information report bearing Crime No.692/2021 registered with

respondent no.1 Police Station Warud, District Amravati for the

offence punishable under Sections 498-A, 504 read with Section 34

of the Indian Penal Code.

7. It is informed that in pursuance of the settlement, the

applicant - Husband has deposited an amount of Rs.16 lakhs in D.V.

proceedings which is supposed to be withdrawn by the informant -

wife after settlement in all proceedings. It is also informed that by

virtue of settlement the couple has filed an application for mutual

divorce in terms of Section 13-B of the Hindu Marriage Act in the

Court of Civil Judge, Senior Division, Amravati. It is also informed

that yesterday only the trial Court has curtailed the statutory period

after recording verification and the matter is placed for orders.

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8. We are satisfied about the mutual compromise which had

taken place between the parties. The informant lady is also keen to

set at rest all the proceedings, as after disposal of all the proceedings,

she is supposed to withdraw one time settlement amount of Rs.16

lakhs. No fruitful purpose would be served in keeping the matter

pending. Since the dispute is settled between the parties, it will

amount to abuse of process of Court if parties are required to go

through the ordeal of trial, which would be a futile exercise. In view

of above, both Criminal Applications are allowed and disposed of.

First information report bearing Crime No.692/2021 registered with

respondent no.1 Police Station Warud, District Amravati for the

offence punishable under Sections 498-A, 504 read with Section 34

of the Indian Penal Code at the instance of the informant - Ragini

Advait Choudhary is hereby quashed and set aside.

9. Rule is made absolute in aforesaid terms with no order as

to costs.

                                          JUDGE                          JUDGE

                         Rgd.
Signed By:RAKESH GANESHLAL
DHURIYA
Private Secretary
High Court of Bombay, at Nagpur
Signing Date:19.01.2023 11:10