Rupesh Kanhaiyalal Changani And 3 ... vs State Of Mah. Thr. Ps City Kotwali ...
2023 Latest Caselaw 948 Bom

                                                                                      J-APL-1181-2022.odt
                                           1

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

 CRIMINAL APPLICATION (APL) NO.1181 OF 2022

    APPLICANTS                    : 1. Rupesh Kanhaiyalal Changani
                                       Aged about Yrs, Occu. - Service,
                                      2. Chetan Kanhaiyalal Changani
                                            Aged about            Yrs, Occu.- Service
                                      3. Pooja Chetan Changani,
                                            Aged about            Yrs, Occu.- Household
                                      4. Tara Kanhaiyalal Changani
                                            Aged about Yrs, Occ- Household

                                            All R/o - Ram Nagar, Behind Shalini
                                            Talkies, City Kotwali, Akola

                                            ..VERSUS..

    RESPONDENT                    : 1       State of Maharashtra,
                                            through Police station, City Kotwali,
                                            Dist. Akola

                                      2 Chanchal Rupesh Changani,
                                        Aged about years, Occ. Household,
                                        R/o- Ram nagar, Behind Shalini
                                        Talkies, City Kotwali, Akola
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       Shri R. S. Suryawanshi, Advocate for the Applicants.
       Ms M. H. Deshmukh, Additional Public Prosecutor for the Non-Applicant No.1/State.
       Shri P. M. Deshmukh, Advocate for the Non-Applicant No.2.
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    CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

    DATE              : 30th JANUARY, 2023.
                                                    J-APL-1181-2022.odt

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

. Heard. Admit.

2. By consent of the learned Counsel appearing for

the parties, this Criminal Application is taken up for final

hearing.

3. This is an application under Section 482 of the

Code of Criminal Procedure (Cr.P.C.), 1973, seeking to

quash the First Information Report (FIR) bearing Crime

No.457 of 2020, registered with Police Station City Kotwali,

District Akola, for the offence punishable under Sections

354, 323, 504 and 506 read with Section 34 of the Indian

Penal Code (IPC), 1860 and related charge-sheet.

4. The informant lady has lodged a report against her

husband and his relatives alleging that on 01.11.2020, she

went to her matrimonial house for collecting medical papers.

At that time, the Applicants have outraged her modesty,

caused hurt and also gave criminal intimidation.

J-APL-1181-2022.odt

5. Everything arose out of matrimonial disputes. It

reveals that due to differences, informant started to reside

separately from her husband, and thereafter, the incident

occurred. The couple has settled the differences and presently

they are residing together. It is submitted that the informant

lady is carrying pregnancy of eight months and as per

medical advise, she is on complete bed rest. Today,

informant's mother namely Manju Rameh Ranga is present

in Court, who has been identified by her Counsel

Shri Deshmukh.

6. Informant's mother is cited as an eye witness in the

FIR pertaining to the occurrence related therein. She has

specifically admitted that there was reunion in couple and

now her daughter (informant) is happily staying with her

husband i.e. Applicant No.1 alongwith other family

members. She has shown inability of informant to appear in

Court on the ground of her advanced stage of pregnancy.

Considering the peculiar situation, we accept her statement

on behalf of her daughter about settlement and her no

objection for quashing of FIR.

J-APL-1181-2022.odt

7. The alleged incident is of domestic nature. It has

no social impact, rather quashing of FIR would be in the

interest of couple to save the marriage. Having regard to

these peculiar facts, we found that this is a fit case, where we

can step in to exercise our inherent jurisdiction.

8. In view of above, the criminal application is

allowed. The FIR bearing Crime No.457 of 2020, registered

with Police Station City Kotwali, District Akola, for the

offence punishable under Sections 354, 323, 504 and 506

read with Section 34 of the IPC alongwith charge-sheet

bearing No.100 of 2020 pending on the file of the Chief

Judicial Magistrate, Akola, is hereby quashed and set aside.

9. Criminal application stands disposed in above

terms.

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

TAMBE

Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:01.02.2023 10:58