Bombay High Court
Deepak Babulal Jadhav And 8 Others vs The State Of Maharashtra, Thr. Pso ... on 1 March, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
28.apl406.449.2021jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 406 OF 2021
1. Deepal Babulal Jadhav
Aged : 38 years, Occ.: Private
2. Suchita Deepak Jadhav
Aged about 32 years, Occ. Service
Applicant No.1 and 2,
R/o. Kharbi, Tah. Umarkhed,
Dist. Yavatmal.
3 Anita Uttam Rathod
Aged : 46 years, Occ.: Household
4. Uttam Hachya Rathod
Age: 50 years, Occ.: Retired
5. Rutuja Uttam Rathod
Age: 25 years, Occ.: Household
6. Riya Uttam Rathod ... Applicants
Aged : 19 years, Occ. Student
Applicant No.3 to 6,
R/o. Ward No.26, Lohara,
Dist. Yavatmal.
7. Jayashree Manohar Rathod
Age : 40 years, Occ.: Household.
8. Manohar Thakur Rathod
Age : 46 years, Occ.: Agriculture
Assistant,
Applicant No.7 and 8,
R/o. Hinghanghat, Dist. Wardha.
9. Sevidas @ Devidas Namdev Jadhav
Age : 78 years, Occ.: Nil,
R/o: Shahapur, Dist. Yavatmal.
Versus
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28.apl406.449.2021jud.odt
1. State of Maharashtra,
PSO, PS Ghatanji, Yavatmal.
2. Priyanka Nitin Jadhav ... Non-applicants
Aged 24 years, R/o. Kinhi,
Tah. Ghatanji, Dist. Yavatmal
CRIMINAL APPLICATION (APL) NO. 449 OF 2021
1. Nitin Babulal Jadhao
Age : 33 years, Occ.: Service
2. Draupadabi Babulal Jadhao
Aged about 65 years, Occ.: Household
... Applicants
3. Babulal Namdev Jadhao
Aged : 75 years, Occ.: Nil
R/o. Wadgaon Jungle, Yavatmal.
Versus
1. State of Maharashtra,
PSO, PS Ghatanji, Yavatmal.
... Non-applicants
2. Priyanka Nitin Jadhav
Aged 24 years, R/o. Kinhi,
Tah. Ghatanji, Dist. Yavatmal
Mr. Shahrukh Shah, Advocate for applicants in both applications.
Mr. S.S. Doifode, APP for non-applicant No.1 in both applications.
Mr. M.I. Dhatrak, Advocate for non-applicant No.2 in both
applications.
CORAM : VINAY JOSHI, AND
VALMIKI SA MENEZES, JJ.
DATE : 01.03.2023.
ORAL JUDGMENT: ( PER: Vinay Joshi, J )
Rule. Rule made returnable forthwith. Heard finally
by consent of both the learned counsel for the parties.
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28.apl406.449.2021jud.odt
(2) Since, both applications are arising out of the same
crime, for the sake of convenience, we have taken them together for
hearing and disposal.
(3) At the instance of report lodged by non-applicant
No.2-wife, crime has been registered vide C.R. No.79/2021 with Police
Station Ghatanji, District - Yavatmal, for the offence punishable under
Sections 498-A read with Section 34 of the Indian Penal Code against
several persons. Criminal Application (APL) No.449/2021, has been
filed by husband that parent-in-law seeking to quash said FIR, whilst
Criminal Application (APL) No.406/2021, has been filed by the
relatives of husband seeking the similar relief.
(4) The couple got married on 15.05.2019. After initial
few days, there was a discord in matrimonial life that is why, they
started to reside separately. The wife alleges that she was subjected to
cruelty therefore, she has filed the concerned police report. The couple
has no issues from the wedlock. It was realized by both that their
marriage is not workable, therefore, with the intervention of relatives,
they decided to severe matrimonial ties. The matter was settled in
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28.apl406.449.2021jud.odt
between the parties, on which, they decided to obtain a decree of
divorce and husband agreed to pay sum of Rs.8,50,000/- (Rs. Eight
Lakh Fifty Thousand Only) towards full and final settlement. In
accordance with that both have jointly applied for decree of divorce,
which was granted by the Family Court vide order dated 20.01.2023.
(5) The non-applicant No.2 - wife is present in Court.
She has been identified by her Advocate Mr. M.I. Dhatrak. The non-
applicant No.2 is accompanied in Court with her father. We have
enquired with the non-applicant No.2, on which, she accepted the
contention that matter has been settled and she has received the total
sum of Rs.8,50,000/- (Rs. Eight Lakh Fifty Thousand Only). She also
gave her no objection to quash the proceedings, as the matter is
settled.
(6) It is a domestic dispute which has been settled by
the parties. Both have decided to patch-up the differences and lead
their future life as per their choice. The alleged offence cannot be
termed as anti-social or of heinous nature. Since, the matter is settled
and decree of divorce has already been passed, we deem it appropriate
to invoke inherent powers.
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28.apl406.449.2021jud.odt
(7) In view of that, both applications are allowed.
(8) We hereby quash and set aside the Crime
No.79/2021, registered with Police Station Ghatanji, District -
Yavatmal, for the offence punishable under Sections 498-A read with
Section 34 of the Indian Penal Code.
(9) Pending application(s), if any, also stand(s)
disposed.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Prity
Signed By:PRITY S GABHANE
Reason:
Location:
Signing Date:03.03.2023 19:10
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