Bombay High Court
Dhirajsingh S/O Balramsingh ... vs State Of Mah. Thr. Ps Gondia - City, ... on 12 October, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
2023:BHC-NAG:15065-DB
Judgment 10 apl 1342.21
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1342/2021
1. Dhirajsingh s/o. Balramsingh Jatpele,
Aged 27 yrs., Occ. Business,
2. Balramsingh Munshisingh Jatpele,
Aged 60 yrs., Occ. Business,
3. Sau. Bhanubai Balramsingh Jatpele,
Aged 50 yrs., Occ. Housewife,
4. Sau. Mamta Balramsingh Jatpele,
Aged 35 yrs., Occ. Doctor,
5. Govind s/o. Balramsingh Jatpele,
Aged 22 yrs., occ. Student,
All the applicant Nos. 1 to 5 are
R/o. Sindhi Colony, Bara Kholi,
Gondia, Dist. Gondia,
6. Premlata Radheshyam Jatpele,
aged 48 yrs., Occ. Housewife,
R/o. Yadav Chowk, Barakholi,
Gondia, Dist. Gondia.
... APPLICANTS
VERSUS
1. State of Maharashtra,
through Police Station
Gondia-City, Dist. Gondia.
2. Sau. Shruti w/o. Dhirajsingh
Jatpele, aged about 20 yrs.,
Occ. Housewife,
Judgment 10 apl 1342.21
2
R/o. C/o. Mohansingh Chouhan,
Shastri Ward, Panchayat Samitiy
Colony, near Patwari Bhavan, Gondia,
Dist. Gondia.
...NON-APPLICANTS.
---------------------------------
Mr. S. S. Dhengale, Advocate for applicants.
Mr. S.S. Doifode, APP for non-applicant No.1.
Mr. S. Y. Rawate, Advocate h/f Mr. S. Jaiswal, Advocate for non-
applicant No.2.
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CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : 12.10.2023
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash First Information
Report ('FIR') vide Crime No. 874/2021 registered with Police
Station, Gondia City, Dist. Gondia for the offence punishable under
Section 498-A read with Section 34 of the Indian Penal Code on
account of mutual settlement.
4. Feeling matrimonial harassment, wife has lodged report
against her husband and relatives of the husband. During meantime,
with the aid of Mediator, matter has been resolved. It was decided
Judgment 10 apl 1342.21
that the parties shall dissolve the marriage by decree of divorce and
husband would pay total sum of Rs. 11,00,000/- to wife. We have
taken note in our order dated 10.10.2023 that wife has appeared
before this Court and gave her no objection to quash and set aside
the proceeding on account of mutual settlement. The entire agreed
sum has been paid by the husband to the informant lady. Since it is
matrimonial dispute, it cannot be termed as heinous and anti-social
offence.
5. In view of above, we are inclined to exercise our inherent
powers. Hence, application is allowed. We hereby quash and set
aside FIR vide Crime No. 874/2021 registered with Police Station,
Gondia City, Dist. Gondia for the offence punishable under Section
498-A read with Section 34 of the Indian Penal Code on account of
mutual settlement.
6. Application stands disposed of in above terms.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 13/10/2023 15:14:05
