Bombay High Court
Chintaman Raisingh Chauhan And ... vs State Of Mah. Thr. Pso, Ps ... on 3 May, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
Judgment apl688.23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 688/2023.
1.Chintaman Raisingh Chauhan,
Aged 58 years, Occupation-Service,
2.Sau. Varsha Chintaman Chauhan,
Aged 49 years, Occupation- Housewife,
3.Rushab alias Hitesh Chintaman Chauhan,
Aged 25 years, Occupation-Student,
4.Aditya Chintaman Chauhan,
Aged 21 years, Occupation-Student,
Applicant Nos.1 to 4 resident of
Old Subhedar, Nagpur.
5.Nitin Tulshiram Naik,
Aged 47 years, Occupation-Private job.
6.Manisha Nitin Naik,
Aged 39 years, Occupation-Housewife,
Applicant Nos.5 and 6 resident of
Kalamboli, Navimumbai.
7.Gajaram Atmaram Chauhan,
Aged 44 years, Occupation-Service,
resident of SRP Building No.C/2.
Room No.8, SRP Camp, Dhule,
Tq and District Dhule.
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8.Ganesh Badri Rathod,
Aged 41 years, Occupation Private job,
resident of Kamothe, Navi Mumbai.
9.Panchfulla w/o Badri Rathod,
aged 73 years, Occupation Nil,
resident of Near Shhrikrushna Mandir,
Hudco Colony, Tq. Mangrulpir,
District Washim. ... APPLICANTS.
VERSUS
1.The State of Maharashtra,
through Police Station Officer,
Police Station Mangrulpir,
Tq. and District Washim.
2.Sau. Nikita w/o Ganesh Rathod,
Age 29 years, Occupation
Housewife, resident of c/o.Dhanraj
Pawar, Sudarshan Colony,
Bypass, Karanja, District Washim. ... NON-APPLICANTS.
---------------------------------
Mr.A.V. Band, Advocate for Applicants.
Mr. V.A. Thakare, A.P.P. for Non-applicant No.1/State.
Mr. S. Bhende, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : MAY 03, 2023.
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ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Considering the controversy involved in the
matter and by consent of the learned Counsel for the parties, the
matter is taken up for final disposal.
Admit.
[
2. This is an application seeking to quash the first
information report bearing Crime No.210/2019 registered with the
Mangrulpir Police Station, District Washim for the offence
punishable under Sections 120-B, 313, 377, 498-A, 504 and 506 of
the Indian Penal Code, and related case bearing Regular Criminal
Case No.212/2022 pending on the file of Judicial Magistrate, First
Class, Mangrulpir, District Washim on account of settlement.
3. The couple got married in the year 2012. After marriage
the lady resumed cohabitation, however, she faced matrimonial
cruelty. It is alleged by the informant lady that the husband has
forced her to abort the child, so also the husband has insisted for
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unnatural sex. Besides that, there was harassment at the hands of
applicants [relatives of husband], hence the report. The police have
investigated the matter and filed charge sheet. It is informed that
yet the trial Court has not framed charges.
4. The couple has one child who is living with the mother.
Looking to the young age and future of the couple, as well as of the
child, with the intervention of relatives they have settled the dispute.
It is submitted that the couple has obtained the decree of divorce by
mutual consent on 20.02.2023. The wife has withdrawn the
proceedings filed under the Domestic Violence Act, as well as under
Section 125 of the Code of Criminal Procedure. As a part of
settlement, the husband has paid an amount of Rs.15 lakhs to the
lady, and further amount of Rs.25 lakhs to the lady for education of
the child.
5. Though there are multiple allegations, however,
considering the future and young age of the couple, the matter is
amicably settled. The husband has paid sumptuous amount for the
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wife and child to secure their future. Already they got divorced by
way of mutual consent. The informant lady is personally present
before the Court and is identified by her Advocate Shri S. Bhende.
The informant has filed affidavit stating about the settlement. We
has enquired with the informant on which she accepted the
settlement, receipt of amount and stated her non-inclination to
continue with the proceeding.
6. Particularly considering the settlement and withdrawal of
other proceedings, continuation of criminal case would be an abuse
of the process of Court. As the wife is reluctant to prosecute the
case, the chances of conviction are remote and bleak. In the
circumstances, we are inclined to exercise our inherent powers.
7. We have brought to the notice of applicants that due to
lodging of the first information report, police machinery has been
rotated. At this juncture, the learned counsel for applicants, on
instructions states that applicants would deposit an amount of
Rs.25,000/- towards cost. In view of above, following order is
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passed.
ORDER
[i] Criminal Application is allowed and disposed of.
[ii] The first information report bearing Crime No.210/2019
registered with the Mangrulpir Police Station, District
Washim for the offence punishable under Sections 120-B,
313, 377, 498-A, 504 and 506 of the Indian Penal Code,
and related case bearing Regular Criminal Case
No.212/2022 pending on the file of Judicial Magistrate,
First Class, Mangrulpir, District Washim, is hereby
quashed and set aside.
[iii] Applicants to deposit an amount of Rs.25,000/- with the
High Court Bar Association, Nagpur within a period of
one week.
[iv] List the matter for reporting compliance on 05.06.2023.
JUDGE JUDGE
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