Bombay High Court
Devendra S/O Haribhau Thakare vs State Of Mha. Thr. Pso Ps ... on 14 March, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
Judgment apl1237.22
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] Nos. 1237 & 1591 OF 2022.
....
CRIMINAL APPLICATION [APL] NO.1237/2022.
1.Haribhau Ukandrao Thakare,
Aged about 64 years, Occupation
Nil.
2.Sumitra Haribhau Thakare,
Aged 55years, Occupation Household
Both residents of Palash Line,
Gadge Nagar, Amravti, Taluq and
District Amravti.
3.Jayshri Major Raut,
Age 36 years, Occupation Household,
resident of Mahavir Nagar, Amravati,
Taluq and District Amravati.
4.Kiran Vidyanand Bonde,
Age 33 years, Occupation Household,
resident of Sagwan Area, Buldhana,
Taluq and District Buldhana. ... APPLICANTS.
VERSUS
1.The State of Maharashtra,
through Police Station Officer,
Rgd.
Judgment apl1237.22
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Police Station Awdhootwadi,
District Yavatmal.
2.Pratiksha Devendra Thakare,
Age 30 years, Occupation Household,
resident of Ujwal Nagar, Yavatmal,
District Yavatmal. ... NON-APPLICANTS.
---------------------------------
Mr. S.B. Gandhe, Advocate for Applicants.
Mr. A.M. Kadukar, A.P.P. for Non-applicant No. 1.
Mr. A.K. Tripathi, Advocate for Non-applicant No.2.
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WITH
CRIMINAL APPLICATION [APL] NO.1591/2022.
1.Devendra s/o Haribhau Thakare,
Aged about 34 years, Occupation
Nil, resident of Gadge Nagar, Amravati,
Taluq and District Amravati. ... APPLICANT.
VERSUS
1.The State of Maharashtra,
through Police Station Officer,
Police Station Awdhootwadi,
District Yavatmal.
2.Pratiksha Devendra Thakare,
Aged about 30 years, Occupation Household,
resident of Ujwal Nagar, Wadgawn,
Yavatmal, District Yavatmal. ... NON-APPLICANTS.
Rgd.
Judgment apl1237.22
3
---------------------------------
Mr. S.B. Gandhe, Advocate for the Applicant.
Mr. A.M. Kadukar, A.P.P. for Non-applicant No. 1.
Mr. A.K. Tripathi, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : MARCH 14, 2023.
ORAL JUDGMENT (PER , VINAY JOSHI, J.) :
Criminal Applications (APPP) Nos.2045/2022 and
2046/2022 are filed seeking leave to amend the application, as
during the pendency of the proceedings, charge sheet has been filed.
Criminal Application Nos.2045 and 2046 of 2022 are allowed and
applicants are permitted to amend their Original Criminal
Application. Necessary amendment be carried out forthwith.
.....
Heard finally by consent of the learned Counsel appearing
for respective parties. Since in both the matters the issue raised is
Rgd.
Judgment apl1237.22
same, the same are disposed of by this common judgment.
Admit.
2. Challenge in these applications is to the registration of
Crime No.697/2022 by Awdhootwadi Police Station, Yavatmal for
the offence punishable under Section 498-A read with Section 34 of
the Indian Penal Code. Applicants in Criminal Application
No.1237/2022 are near relatives of husband, whilst the applicant in
Criminal Application No.1591/2022 is husband of the informant.
3. Quashing of the first information report and the related
charge sheet is claimed on account of settlement arrived in between
the parties. In pursuance of the settlement, the parties have worked
out the terms and decided to apply for divorce by mutual consent. It
was also decided that the husband shall pay an amount of Rs.15
lakhs towards full and final settlement to the wife.
4. The informant - wife appeared before us and conceded
the settlement and conveyed her no objection to quash the first
information report and related criminal case.
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Judgment apl1237.22
5. The matrimonial dispute has been settled. In pursuance
of the said settlement a petition for divorce has already been filed.
The amount agreed by the husband has been deposited in the Family
Court on 02.03.2023. In view of these facts, continuation of criminal
prosecution would be an exercise in futility. The alleged offence
cannot be categorized as antisocial or heinous. In the circumstances,
we allow both the applications.
6. First information report bearing Crime No.697/2022
registered with by Awdhootwadi Police Station, Yavatmal for the
offence punishable under Section 498-A read with Section 34 of the
Indian Penal Code and related criminal case bearing
R.C.C..No.823/2022 pending on the file of the Judicial Magistrate
First Class, Yavatmal is hereby quashed and set aside.
7. Pending misc. applications if any, also stands disposed of.
JUDGE JUDGE
Rgd.
Signed By:RAKESH GANESHLAL
DHURIYA
Private Secretary
High Court of Bombay, at Nagpur
Signing Date:16.03.2023 11:03
