Pragati W/O. Omkar Nemade ... vs The State Of Mah. Thr. Pso, ...
2023 Latest Caselaw 11521 Bom

2023:BHC-NAG:16406-DB

                                                  1



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH, NAGPUR.
                            CRIMINAL APPLICATION NO.1566 OF 2023

                    1.   Pragati w/o Omkar Nemade (earlier
                         Pragati d/o Haribhau Surjuse), aged
                         about 34 years, Occ. Nil, R/o Village
                         Anjansingi, Mahagaon, Dist. Yavatmal.

                    2.   Vikas @ Vikramsingh s/o Haribhau
                         Surjuse, aged about 30 years, Occ.
                         Medical Practitioner, r/o Village
                         Anjansingi, Tal. Mahagaon, Dist.
                         Yavatmal.

                    3.   Sonbaji @ Sanaji s/o Bhikaji Satote,
                         aged about 45 years, Occupation :
                         Lawyer, R/o Pune.

                    4.   Rameshwar @ Dnyaneshwar s/o
                         Champatrao Nemade, aged about 52
                         years, Occ. Agriculturist, r/o Village
                         Anjansingi, Mahagaon, Dist. Yavatmal.
                                                                  ... APPLICANTS

                                              VERSUS


                    1.   State of Maharashtra, through the
                         Police Station Officer,Mahagaon
                         Police Station, Dist. Yavatmal.

                    2.   Omkar Yadavrao Nemade, aged
                         about 39 years, Occu. Agriculture,
                         r/o Mahagaon, Dist. Yavatmal.

                                                                  ... NON-APPLICANTS.
                                      2

_____________________________________________________________
        Shri N.S. Khandewale, Advocate for the applicants.
        Shri Badar, Addl.P.P. for the State.
        Shri S.P. Bhandarkar, Advocate for the non-applicant no.2.
______________________________________________________________


              CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.

DATED : 08.11.2023.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

Not on Board. Taken on Board.

2. Heard. ADMIT.

3. The matter is taken up for final disposal by consent of

learned Counsel appearing for the parties.

4. This is an application seeking to quash the First information

Report bearing Crime no.315 of 2022 registered with the Mahagaon

Police Station, District Yavatmal for the offence punishable under

Sections 294, 506 read with Section 34 of the Indian Penal Code, on

account of the mutual settlement.

5. The applicants are the wife and relatives of the wife of non-

applicant no.2 husband. In fact, the police report is the outcome of

matrimonial dispute. The parties have settled the dispute through the

mediation and executed the settlement Deed, which has been tendered

in Criminal Application No.1002 of 2023. The couple has no issue from

the wedlock.

6. The parties have agreed to severe matrimonial ties by

obtaining decree of divorce by mutual consent. It was decided that the

husband would pay sum of Rs.6 lakhs towards full and final settlement.

7. The informant husband is present before the Court, who is

identified by his Advocate Shri S.P. Bhandarkar. He has no objection to

quash the FIR. The dispute is matrimonial in nature which cannot be

termed as heinous or anti-social. The couple is young who took

conscious decision to take divorce for betterment of their life.

Continuation of such prosecution would amounts to abuse of the

process of Court.

8. In the above circumstances, we are inclined to invoke our

inherent powers to quash the proceedings, hence the following order :

(a) The application is allowed and disposed of.

(b) We hereby quash and set aside the First information Report

bearing Crime no.315 of 2022 registered with the Mahagaon Police

Station, District Yavatmal for the offence punishable under Sections

294, 506 read with Section 34 of the Indian Penal Code.

                                          (M.W. CHANDWANI, J.)             (VINAY JOSHI, J.)

                                Trupti




Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 10/11/2023 11:33:46