Bombay High Court
Mrs. Daljeet Kaur vs State Of Mah.T Hr. Pso Ps Lakadganj ... on 27 March, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1 10-J-WP-734-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 734 OF 2022
PETITIONER : Mrs. Daljeet Kaur
Age 33 years, Occ : Household,
R/o 257, Pancheel Chowk,
Garaoba Maidan, Mate Chowk,
Chapru Nagar, Nagpur-08.
VERSUS
RESPONDENTS : 1. State of Maharashtra
Through Police Station Officer,
Police Station, Lakadganj, Nagpur.
2. Mr. Harsimran S/o Gurmohan Singh
Aged about 39 years, Occupation:
Private, R/o Surjit Singh Sajjan,
Village Sajjan, P.O. Hardo Khanpur,
Tehsil: Hoshiarpur, District:Hoshiarpur,
Panjab.
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Shri D. Y. Kumbhare, Advocate for petitioner.
Shri A. M. Kadukar, Additional Public Prosecutor for respondent No.1.
Respondent No.2 present in person.
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CORAM: VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : 27/03/2023.
ORAL JUDGMENT : (PER VINAY JOSHI, J.) :
1. Rule. Rule is made returnable forthwith. Heard the
learned counsel for the parties with consent.
2. This is a petition under Articles 226 and 227 of the
Constitution of India read with Section 482 of the Code of
Criminal Procedure seeking to quash FIR in Crime No.0254/2021
registered with Police Station Lakadganj for the offences
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punishable under Sections 354-D, 509, 503, 504 and 506 of the
Indian Penal Code and Section 67(A) of the Information
Technology Act, 2000.
3. This petition has peculiar facts of its own as the
petitioner who is informant of the case herself has filed this
petition for quashing the First Information Report as well as
related criminal case. The respondent No.2 is husband against
whom FIR came to be lodged. The couple got married on
27/04/2014 and having a daughter from the wedlock. After 5 to 6
years, the couple realized that the marriage would not work due to
differences on various counts. From the month of January, 2021,
they started to reside separately. The efforts were made for
reunion, but failed. When the parties realized that there is no
purpose in fighting and keeping the matrimonial ties alive, they
decided to reside separately from each other. With the intervention
of relatives, the matter was settled in between the parties. They
decided to obtain divorce by mutual consent and to withdraw all
criminal proceedings. It was agreed that the custody of minor
daughter would remain with the petitioner - mother and the
husband would take one time maintenance amount of
Rs.2,00,000/-. The said settlement was made before Marriage
Counsellor in the Family Court, Nagpur. In pursuance of
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settlement, a Decree of Divorce came to be passed on 04/08/2022.
The wife is already having custody of child as well as she has
received one time maintenance amount.
4. The offences are of stalking, intimidation, abuses in
between the couple. It is a domestic dispute, which has no social
impact nor can be termed as heinous one. It is in the interest of
couple to move ahead in the life as per their choice. The petitioner
is present in Court, who has been identified by her Advocate. The
petitioner admits about the settlement and correctness of her own
petition. She stated that in view of settlement, she do not wish to
prosecute the pending criminal case and requested for quashing.
In view of the above peculiar facts, we deem it appropriate to
exercise our inherent powers to secure the ends of justice.
5. The petition is allowed. We hereby quash and set aside
the FIR in Crime No.0254/2021 registered with Police Station
Lakadganj for the offences punishable under Sections 354-D, 509,
503, 504 and 506 of the Indian Penal Code and Section 67(A) of
the Information Technology Act, 2000 and connected criminal case
bearing RCC No.1780/2022 pending on the file of 16 th Joint Civil
Judge, Junior Division and Judicial Magistrate First Class, Nagpur.
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6. Rule is made absolute in above terms.
[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]
Choulwar
