Bombay High Court
Padmesh S/O Vishnu Thakre And 2 Others vs State Of Mha. Thr. Pso Ps Ajni Nagpur City ... on 6 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5509-DB
1 56.apl.1095.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1095 OF 2022
1. Padmesh S/o. Vishnu Thakre,
Age 31 yrs., Occ.- Doctor,
R/o. Gat No.10/2, Plot No.46,
Karthik Flat No.8, Fourth Floor,
Dandekar Nagar, Near Water Tank,
Jalgaon, Dist.- Jalgaon.
2. Vishnu Chiman Thakre,
Age - 60 yrs., Occ.- Retired Teacher
3. Smt. Lalita W/o. Vishnu Thakre,
Age - 52 yrs., Occ.- Teacher.
Applicant Nos. 2 & 3 are R/o. Plot No.12,
Laxmi Nagar, Erandol, Tal. Erandol,
... APPLICANTS
Dist. _ Jalgaon
...VERSUS...
1. State of Maharashtra,
Through Police Station Officer,
Police Station Ajni, Nagpur City,
District Nagpur.
2. Kaveri w/o. Padmesh Thakre,
Kaveri @ Vaibhavi Vijayanand Raysing,
Age - 28 yrs. Occ.- Housewife,
R/o. C/o. Vijayanand, Raysing, Plot No.58,
Vasundhara Residency, Flat No.3,
New Dhyaneshwar Nagar, Manewada Road,
Nagpur. 9527070791 ...NON-APPLICANTS
------------------------------------------------------------------------------------------------
Mr. S. S. Dhengale and Mr. K. N. Jain, Advocates for Applicants.
Mr. I. J. Damle, A.P.P. for Non-applicant/State.
Mr. V. A. Dahiwale, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 06.05.2024
2 56.apl.1095.22.odt
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 First Information Report
vide Crime No. 377/2022 registered with Police Station, Ajani, Nagpur for
the offences punishable under Sections 377, 498A, 323, 504, 506 read with
Section 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition
Act, 1961 on account of mutual settlement.
4. The informant got married with applicant No.1 on 29.04.2016.
After marriage, she resumed cohabitation with her husband and in-laws.
The couple has no issue form the said wedlock. Due to matrimonial
differences, they started to reside separately. The informant feeling
matrimonial harassment, has filed a report, on the basis of which, the crime
has been registered.
5. During the pendency, the parties have amicably settled the
dispute. It was decided that both shall obtain a decree of divorce and the
husband shall pay Rs.10,00,000/- towards permanent alimony. The
compromise terms were arrived at by the parties in the Family Court.
Accordingly, pending divorce petition was converted into petition under
3 56.apl.1095.22.odt
Section 13B of the Hindu Marriage Act, 1955. It is informed that today, the
Family Court has passed the decree of divorce. The husband has also paid
entire alimony amount to the wife. Copy of settlement has been produced
on record. The informant has filed reply stating her no objection on account
of settlement. The informant is present before us, who has identified by her
Counsel. The informant stated about the settlement and her no objection to
quash the proceedings.
6. The couple is young, who chose to sever the matrimonial ties
permanently. The offence cannot be termed as heinous or anti-social. For
the betterment of the couple and their future, continuation of the
prosecution would be at the detriment of both.
7. In view of the above, the application is allowed. We hereby
quash and set aside the First Information Report vide Crime No. 377/2022
registered with Police Station, Ajani, Nagpur for the offences punishable
under Sections 377, 498A, 323, 504, 506 read with Section 34 of the Indian
Penal Code and Section 3 of the Dowry Prohibition Act, 1961.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Mrs. R.M.RGurnule
MANDADE
Designation: PA To Honourable Judge
Date: 08/05/2024 19:10:56
