Bombay High Court
Chetan Prabhakar Kalambe And Others vs State Of Mah. Thr. The Pso, Ps, Ansingh ... on 6 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5443-DB
1 3.apl.857.23-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 857 OF 2023
1. Chetan Prabhakar Kalambe (Husband)
Aged about 33 years, Occ. Private Service,
Currently residing at A-101,
Mantra Insignia, Near Renuka Mata Temple,
Keshav Nagar, Mundhwa, Pune - 411036.
2. Prabhakar Sitaramji Kalambe (Father-in-Law)
Aged about 65 years,
3. Vandana Prabhakar Kalambe (Mother-in-Law),
Aged about 56 years, Occ. Housewife,
Applicant Nos.2 and 3 are
R/o. Chintalkar Layout,
Tq. and Dist. Yavatmal,
4. Sau. Pragati Vijay Thokane, (Sister-in-Law)
Aged about 35 years,
5. Vijay Jaydeorao Thokane (Brother-in-Law),
Aged about 40 years,
Applicant Nos.4 and 5 are R/o. Gondia,
Tq. and Dist. Gondia. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through the Police Station Officer,
Police Station Ansingh,
District Washim.
2. Sau. Madhuri Chetan Kalambe,
Aged about 27 years,
R/o. C/o. Pandit Kundlik Dande,
Pimpalgaon, Tq. And Dist. Washim. ...NON-APPLICANTS
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Mr. D. S. Sirpurkar, Advocate h/f. Mr. S. V. Sirpurkar, Advocates for
Applicants.
Ms. T. H. Udeshi, A.P.P. for Non-applicant/State.
Mr. K. R. Giripunje, Advocate for Non-applicant No.2.
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2 3.apl.857.23-J.odt
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 06.05.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. This is an application seeking to quash charge-sheet
(R.C.C.No.1/2023) arising out of First Information Report vide Crime No.
83/2022 registered with Police Station, Ansingh, District Washim for the
offences punishable under Sections 498A, 323, 504, 506 read with Section
34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition
Act, 1961 on account of mutual settlement.
4. The informant got married with applicant No.1 on 08.05.2019.
After marriage, she resumed cohabitation with her husband and in-laws.
After 1 ½ years from the marriage, she was subjected to cruelty, for which,
she has lodged a report. The police have completed the investigation and
filed charge-sheet.
5. The informant - wife has also filed a petition for restitution of
conjugal rights as well as an application under Section 12 of the Protection
3 3.apl.857.23-J.odt
of Women From Domestic Violence Act, 2005 before the Magistrate seeking
multiple reliefs. On the other hand, the husband has also filed a petition for
divorce in the Family Court, Pune. In order to get off from the series of the
litigation, the parties gave a second thought and with the intervention of the
relatives, decided to put to an end to all the litigation. Both were agreeable
atleast on the point that they cannot live together and thus, decided to sever
matrimonial ties by jointly applying for divorce by mutual consent.
6. The husband has agreed to pay sum of Rs.5,00,000/- to the wife
towards one time settlement. In view of agreed terms, both have already
applied to the Civil Judge, Senior Division, Washim for divorce by mutual
consent, which is pending. The husband has already paid entire sum of
Rs.5,00,000/- to the wife, which she accepted. Today, the informant-wife is
present before us, who has identified by her Counsel. The informant is
accompanied by her brother Atul Mahadeorao Tathe, who stated that at
present the permanent alimony amount of Rs.5,00,000/- in cash is in his
custody, which he would deposit in the account of the informant lady. The
informant stated that in view of the settlement, she has no objection to
quash the proceedings. The informant has also filed a reply stating about
her no objection to quash the proceedings.
7. The dispute was essential of matrimonial in nature, which has
been amicably settled. The couple has no issue from the said wedlock and
4 3.apl.857.23-J.odt
they decided to walk in the life as per their choice. In order to further their
wishes, we deem it appropriate to quash the proceedings to secure the ends
of justice.
8. In view of the above, the application is allowed. We hereby
quash and set aside the charge-sheet (R.C.C.No.1/2023) arising out of First
Information Report vide Crime No. 83/2022 registered with Police Station,
Ansingh, District Washim for the offences punishable under Sections 498A,
323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3
and 4 of the Dowry Prohibition Act, 1961.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 08/05/2024 11:10:59
