Parul S/O Pradeep Godshalwar And 2 ... vs State Of Mah. Thr. Pso Ps Bajaj ...
2023 Latest Caselaw 2518 Bom

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

                 CRIMINAL APPLICATION (APL) NO. 363/2023

1.      Shri Praful S/o. Pradeep Godshalwar,
        A/o. 29 yrs., Occ. Business,

2.      Pradeep S/o. Vasantrao Godsalwar,
        A/o. 58 yrs., Occ.

3.      Pratiksha w/o. Pradeep Godsalwar
        A/o. 53 yrs., Occ. Household,

        All 3 R/o. "Safalya Heritage - 2, Flat No. 203,
        Besa, Behind Bank of India, Beltarodi,
        Khapari, Nagpur - 441 108.


                                                                            APPLICANTS

                                         VERSUS
1.      State of Maharashtra,
        through P.S.O. P.S. Bajaj Nagar,
        Nagpur.

2.      Mrs. Aishwarya w/o. Parul Godshalwar,
        A/o. 28 yrs., Occ. Pvt. Service,
        A/o. Plot No. H-08, Flat No. 06,
        "Purva" Building, near Bal-Jagat,
        Aath Rasta, Laxmi Nagar, Nagpur.


                                                                       NON-APPLICANTS

---------------------------------------------------------------------------------------------------
Mr. P. P. Wankhade, Advocate for applicants.
Mr. V. A. Thakare, APP for non-applicant No. 1.
Mr. A. M. Vyas, Advocate for non-applicant No.2.

           CORAM                                            : VINAY JOSHI AND
                                                               BHARAT P. DESHPANDE JJ.

          DATE OF JUDGMENT                                 :    15.03.2023
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JUDGMENT (PER VINAY JOSHI, J.)

Heard.

2. Admit.

3. This is an application in terms of Section 482 of the Code of

Criminal Procedure seeking to quash First Information Report ('FIR')

in Crime No. 265/2022 for the offence punishable under Sections

498-A, 406 read with Section 34 of the Indian Penal Code registered

at Police Station Bajaj Nagar, Nagpur.

4. Non-applicant No. 2 has filed the report alleging the

matrimonial harassment against her husband and parents-in-law. In

the meantime, with the aid and advise of friends and relatives, the

parties have settled the dispute. With the mediation of relatives, the

parties have decided to sever matrimonial ties so as to lead their

future life as per their choice. In view of settlement, they had

applied to the Family Court for divorce by mutual consent in terms

of Section 13-B of the Hindu Marriage Act. The wife has waived the

right of maintenance as she is educated and earning.

5. The informant is present before us who is identified by her

Advocate. We have inquired with the informant, on which she

accepted about the settlement and expressed her non-inclination to

prosecute the criminal case which may arise out of concerned crime.

She has also filed affidavit to that effect.

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                 6.       It is a domestic dispute which has no social impact.       The

offence cannot be termed as of anti-social or of heinous nature. Both

have decided to live separately to lead their life as per their choice.

In view of that, we deem it appropriate to invoke our inherent

jurisdiction. Application is hereby allowed.

7. We hereby quash and set aside FIR in Crime No. 265/2022 for

the offence punishable under Sections 498-A, 406 read with Section

34 of the Indian Penal Code registered at Police Station Bajaj Nagar,

Nagpur

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)

Gohane

JITENDRA BHARAT GOHANE Digitally signed by JITENDRA BHARAT GOHANE Date: 2023.03.16 17:36:14 +0530