Bombay High Court
Ankush S/O Nilkanthrao Bambal And ... vs The State Of Mah.T Hr. Pso Frezarpura ... on 15 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:660-DB
908.apl47.2024jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 47 OF 2024
1. Ankush s/o Nilkanthrao Bambal
Aged about 32 years,
Occupation : Business,
R/o. Behind Atul Mangal Karyalaya, ... Applicants
Rukhmini Nagar, Amravati,
Tq. & Dist. Amravati.
2. Tejas s/o Raju Jamthe
Aged about 34 years,
Occupation : Business,
R/o. Jamthe Hospital, Vijay Colony,
Amravati, Tq. & Dist. Amravati.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Frezarpura, Amravati,
Tq. & Dist. Amravati.
2. Tanvi w/o Ankush Bambal
(Tanvi d/o Kishor Kadu)
Aged about 30 years,
Occupation : Household & Education, ... Non-applicants
R/o. C/o. Kishor Kadu, Behind Atul
Mangal Karyalaya, Rukhmini Nagar,
Amravati, Tq. & Dist. Amravati
AND
CRIMINAL APPLICATION (APL) NO. 48 OF 2024
1. Ankush s/o Nilkanthrao Bambal
Aged about 32 years,
Occupation : Business,
R/o. Behind Atul Mangal Karyalaya, ... Applicants
Rukhmini Nagar, Amravati,
Tq. & Dist. Amravati.
2. Nilkanthrao s/o Janraoji Bambal
PAGE 1 OF 8
908.apl47.2024jud.odt
Aged about 67 years,
Occupation : Retired Officer.
3. Sau. Sarita w/o Nilkanthrao Bambal
Aged about 60 years,
Occupation : Household
Applicants No.1,2 and 3 are
... Applicants
R/o. Behind Atul Mangal Karyalaya,
Rukhmini Nagar, Amravati,
Tq. & Dist. Amravati.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Rajapeth, Amravati,
Tq. & Dist. Amravati.
2. Tanvi w/o Ankush Bambal
(Tanvi d/o Kishor Kadu)
Aged about 30 years,
Occupation : Household & Education, ... Non-applicants
R/o. C/o. Kishor Kadu, Behind Atul
Mangal Karyalaya, Rukhmini Nagar,
Amravati, Tq. & Dist. Amravati
AND
CRIMINAL APPLICATION (APL) NO. 86 OF 2024
1. Ankush s/o Nilkanthrao Bambal
Aged about 32 years,
Occupation : Business,
2. Nilkanthrao s/o Janraoji Bambal
Aged about 67 years,
Occupation : Retired Officer.
3. Sau. Sarita w/o Nilkanthrao Bambal
Aged about 60 years,
Occupation : Household
Applicants No.1,2 and 3 are ... Applicants
R/o. Behind Atul Mangal Karyalaya,
Rukhmini Nagar, Amravati,
Tq. & Dist. Amravati.
Versus
PAGE 2 OF 8
908.apl47.2024jud.odt
1. State of Maharashtra,
Through Police Station Officer,
Rajapeth, Amravati,
Tq. & Dist. Amravati.
2. Tanvi w/o Ankush Bambal
(Tanvi d/o Kishor Kadu)
Aged about 30 years,
Occupation : Household & Education, ... Non-applicants
R/o. C/o. Kishor Kadu, Behind Atul
Mangal Karyalaya, Rukhmini Nagar,
Amravati, Tq. & Dist. Amravati
Mr. Kshitij V. Kothale, Advocate for applicants.
Mr. A.B. Badar, APP for non-applicant No.1.
Mr. P.R. Agrawal, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 15.01.2024
ORAL JUDGMENT: (PER: Vinay Joshi,J)
We have taken all applications together
for disposal, since parties and issue is one and the same.
(2) Heard finally by consent of both the learned counsel
for the parties.
(3) Admit.
(4) At the instance of wife (Tanvi) three different FIRs
have been lodged against the husband, his relatives and friend. Crime
No.394/2019 was registered with Frezarpura Police Station, District -
PAGE 3 OF 8
908.apl47.2024jud.odt
Amravati for the offences punishable under Sections 294, 323, 506(2)
read with Section 34 of the Indian Penal Code against husband Ankush
and his friend Tejas. In said crime, investigation is completed and
charge-sheet has been filed which is numbered as RCC No.527/2020.
Similarly, at the instance of wife (Tanvi) Crime No.98/2019 has been
registered at Police Station Rajapeth, District - Amravati, for the
offences punishable under Sections 294, 323, 504, 506 read with
Section 34 of the Indian Penal Code, similarly, investigation is
completed and charge-sheet has been filed which is numbered as RCC
No.3549/2020.
(5) The wife (Tanvi) has also filed a report with Police
Station Rajapeth, District - Amravati, for the offences punishable
under Sections 498-A read with Section 34 of the Indian Penal Code
and Section 4 of the Dowry Prohibition Act, against husband and in-
laws, which is registered as Crime No.63/2016. In said crime,
investigation is completed and charge-sheet has been filed which is
numbered as RCC No.368/2016. All criminal proceedings are pending
in different Court's. It is informed that in RCC No.368/2016, the
evidence of wife (Tanvi) has been partially recorded. In rest of the two
PAGE 4 OF 8
908.apl47.2024jud.odt
criminal cases yet evidence has not commenced. It is informed that
the wife has also filed an application to the Magistrate in terms of
Section 12 of the Domestic Violence Act, however, it was dismissed,
appeal against the said order was withdrawn.
(6) It reveals that within one year of the marriage
differences arose which led to trapping the other side into different
types of litigation. The couple is young, however, they have wasted
their valuable life span in fighting litigation. Finally, they realized that
the litigation would yield nothing, hence, with the intervention of
elderly, they have settled the differences to the entirety. It was agreed
that the decree of divorce granted on the ground of cruelly shall be
converted into divorce by mutual consent. The husband has agreed to
pay sum of Rs.21,00,000/- (Rupees Twenty One Lakhs Only) towards
final settlement. The said amount has already been deposited with
this Court. Besides that, some other terms have been incorporated in
the settlement to end all sorts of litigation and differences. The copy of
settlement deed has been produced in Writ Petition No.7360/2022 in
this Court.
(7) Today, both husband and wife are present before us.
PAGE 5 OF 8
908.apl47.2024jud.odt
Particularly, the informant wife has stated about settlement, deposit of
settlement sum and her no objection, to go on with all three
proceedings. The couple is a young, having no issue from the
marriage. They have expressed that pendency of this criminal
prosecution may preclude them from taking further steps in their life
as marriage has already been dissolved. The offences cannot be
termed as heinous or anti social. In view of the settlement, we have no
hesitation to invoke our inherent jurisdiction, hence, the following
order : -
ORDER
1. The Criminal Application (APL) No.48/2024 is
allowed. We hereby quash and set aside the criminal
prosecution namely RCC No.368/2016, pending on
the file of 15th Judicial Magistrate First Class,
Amravati, arising out of FIR in Crime No.63/2016,
registered with Police Station Rajapeth, District -
Amravati, for the offences punishable under Sections
498-A read with Section 34 of the Indian Penal Code
and Section 4 of the Dowry Prohibition Act.
2. The Criminal Application (APL) No.47/2024 is
PAGE 6 OF 8
908.apl47.2024jud.odt
allowed. We hereby quash and set aside the criminal
prosecution namely RCC No.527/2020, pending on
the file of 11th Judicial Magistrate First Class,
Amravati, arising out of FIR in Crime No.394/2019
registered with Police Station Frezarpura, District -
Amravati, for the offence punishable under Sections
294, 323, 506(II) read with Section 34 of the Indian
Penal Code.
3. The Criminal Application (APL) No.86/2024 is
allowed. We hereby quash and set aside the criminal
prosecution namely RCC No.3549/2020, pending on
the file of 8th Judicial Magistrate First Class,
Amravati, arising out of FIR in Crime No.98/2019
registered with Police Station Rajapeth, District -
Amravati, for the offence punishable under Sections
294, 323, 504, 506 read with Section 34 of the
Indian Penal Code. Though, the trial has commenced
in one of the proceeding, having regard to nature of
litigation and the welfare of the parties, we see no
reason to exceed the prayer.
PAGE 7 OF 8
908.apl47.2024jud.odt
(8) The criminal applications stand disposed of
accordingly.
[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 8 OF 8
Designation: PA To Honourable Judge
Date: 17/01/2024 18:29:14
