Rahul @ Damdev S/O. Gunawantrao ... vs State Of Mah. Thr. Pi, Ps Mankapur, ...
2023 Latest Caselaw 694 Bom

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

            CRIMINAL APPLICATION (APL) NO. 59 OF 2023

1. Rahul @ Damdev s/o Gunawantrao
Charde, Aged 27 years, Occ. : Govt.
Servant, R/o. Karmachari Vasahat, Girvi
Naka, Phaltan, Tq. Phaltan,
District Satara.
2. Pravin s/o Gunawantrao Charde
Aged 29, Occ.: Private Service,
R/o. Karmachari Vasahat, Savli,
Tq. Savli, District - Chandrapur.
3. Nilima w/o Pravin Charde
Aged 29, Occ.: Govt. Service,
R/o. Karmachari Vasahat, Savli,
Tq. Savli, District - Chandrapur.
4. Gunwantarao s/o Nagorao Charde
Aged 58, Occ.: Labour,
R/o. Neharu Nagar, Tq. Ghatanji,
                                            .. Applicants
District - Yavatmal.
5. Nanda w/o Ganwantarao Charde
Aged 52, Occ.: Household,
R/o. Nehru Nagar, Tq. Ghatanji,
District - Yawatmal.
6. Bhola s/o Nagorao Charde
Aged 45, Occ.: Pan Shop,
R/o. Nehru Nagar, Tq. Ghatanji,
District - Yawatmal.
7. Lata w/o Manohar Charde
Aged 45, Occ.: Housewife,
R/o. Neharu Nagar, Tq. Ghatanji,
District - Yawatmal.
                Versus
1. State of Maharashtra
Through Police Inspector,
Police Station Manakapur,
Nagpur.                                   .. Non-applicants
2. Komal w/o Rahul Charde
Aged 23 years, Occ.: House wife,
C/o. Prabhakar Malkapure, Plot No.55,
Lakshminagar, Zingabai Takali,
Nagpur.


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Mr. P.S. Wathore, Advocate for applicants.
Ms. Mayuri Deshmukh, APP for non-applicant No.1/State.
Ms. Shreshtha Rao, Advocate for non-applicant No.2.

                              CORAM       : VINAY JOSHI, AND
                                           VALMIKI SA MENEZES, JJ.

DATED : 19.01.2023

Oral Judgment : (PER : Vinay Joshi, J.)

Heard finally by consent of the learned counsel

appearing for the rival parties.

(2) The applicant No.1 is the husband of non-applicant

No.2 and applicant Nos.2 to 7 are relatives of husband of non-

applicant No.2-lady, who seeks to quash FIR bearing Crime

No.249/2017, registered with Police Station Mankapur, District-

Nagpur and related criminal case bearing Regular Criminal Case

No.1352/2018 is pending on the file of Additional Chief Judicial

Magistrate, Nagpur.

(3) The couple got married on 27.05.2017 and within

few days from marriage there happened to be matrimonial discord on

account of dispute on several grounds. The non-applicant No.2-wife

has lodged aforesaid report with the police, on which crime was

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registered for the offences punishable under Section 498-A read with

Section 34 of the Indian Penal Code and under Section 3 & 4 of the

Dowry Prohibition Act, 1961. The police completed investigation and

charge-sheet has also been filed in the Court of jurisdictional

Magistrate.

(4) In said criminal proceeding, all applicants have

appeared and by passage of time both sides realize that there is no

purpose in fighting the litigation. On the say and advice of well-

wishers, both sides have settled the matter out of Court. It was

decided that the husband would pay total sum of Rs.12,00,000/-

(Rs.Twelve Lakhs Only) to the wife towards full and final settlement

and the parties would get decree of divorce by mutual consent.

(5) Accordingly, a compromise memo has been prepared

and filed in the Family Court No.3, Nagpur, of which copy is part of

this petition. It is informed that as per settlement, already wife has got

entire amount of Rs.12,00,000/- (Rs.Twelve Lakhs Only) as well as

Family Court has also passed a decree of divorce on 23.12.2022. As

per terms, the parties have decided to withdraw all the proceedings

pending against each other.

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(6) The non-applicant No.2 - wife is personally present

in Court and has been identified by respective counsel. We have

personally enquired with non-applicant No.2 - wife, about the

settlement, on which, she understood fully and submitted that she has

already received amount of Rs.12,00,000/- (Rs.Twelve Lakhs Only)

and a decree of divorce has been passed. She has also informed that in

view of settlement, she does not wish to prosecute the criminal case,

which is pending in the Court of Additional Chief Judicial Magistrate,

Nagpur.

(7) The couple is quite young, who do not have an issue

from marriage. Both are desirous to marry elsewhere and settled in

their life. In the circumstances, there is no purpose in requiring parties

to face the trial as it would be a futile exercise. In the circumstances,

we find that this is a fit case to exercise our inherent jurisdiction.

(8) In view of that, the petition is allowed. We hereby

quashed and set aside the FIR bearing Crime No.249/2017 registered

with Police Station Mankapur, Nagpur, for the offences punishable

under Section 498-A read with Section 34 of the Indian Penal Code,

Section 3 & 4 of the Dowry Prohibition Act, 1961, and related criminal

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case namely Regular Criminal Case No.1352/2018, pending on the file

of Additional Chief Judicial Magistrate, Nagpur.

(9) Petition stands disposed of in above terms.

[VALMIKIA MENEZES, J.] [VINAY JOSHI, J.]

Prity

Signed By:PRITY S GABHANE Reason:

Location:

Signing Date:21.01.2023 10:32 PAGE 5 OF 5