Bombay High Court
Praveen S/O. Pandurang Vathare And ... vs State Of Mah. Pso, Ps, Ambazari, Nagpur ... on 6 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5510-DB
1 1.apl.768.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 768 OF 2023
1. Praveen S/o. Pandurang Vathare,
Aged about 38 years,
Occupation - Building Contractor.
2. Snehlata w/o. Pandurang Vathare,
Aged about 66 years,
Occupation - Housewife,
Both R/o. Plot No.332, Pallavi Building,
Shashtri Chowk, Shahu Nagar, Jaysingpur,
... APPLICANTS
District - Kolhapur.
...VERSUS...
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Ambazari, Nagpur.
2. Ruchira w/o. Praveen Vathare,
Aged about 35 years,
Occupation - Private,
R/o. Plot No.51, Daga Layout,
North Ambazari Road, Ambazari, Nagpur. ...NON-APPLICANTS
------------------------------------------------------------------------------------------------
Mr. A. S. Dhore, Advocate for Applicants.
Mr. Nikhil Joshi, A.P.P. for Non-applicant/State.
Mr. S. R. Gajbhiye, Advocate for Non-applicant No.2.
-----------------------------------------------------------------------------------------------
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.
2 1.apl.768.23.odt
3. This is an application seeking to quash charge-sheet
(R.C.C.No.1886/2022) arising out of First Information Report vide Crime
No.13/2022 registered with Police Station, Ambazari, District Nagpur for
the offences punishable under Sections 498-A, 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 21.12.2012.
After marriage, she resumed cohabitation with applicant No.1. The couple
lived together for near about nine years, however, thereafter, feeling
matrimonial harassment, the informant has lodged a report. The police
have investigated the matter and on completion, filed charge-sheet. It is
informed that till date charges have not been framed.
5. The informant has filed an application to the Magistrate for
grant of maintenance. On the other hand, the husband has filed restitution
petition. During pendency of all the proceedings, with the aid and
intervention of relatives, the parties have decided to put an end to all the
legal proceedings. They have decided to obtain a decree of divorce by
mutual consent and withdraw all the pending proceedings. The husband
has agreed to pay Rs.10,00,000/- towards one time settlement, returned the
gold articles and transfer two wheeler in the name of the informant.
6. In view of that, the parties have prepared consent terms and
3 1.apl.768.23.odt
applied to the Family Court for decree of divorce. It is submitted that today
itself, the Family Court, Nagpur has passed a decree of divorce by mutual
consent. The informant has received the gold ornaments, vehicle papers
and agreed sum of Rs.10,00,000/-. Today, the informant is present before
us, who has identified by learned Counsel Mr. S. R. Gajbhiye. The
informant stated that in view of the settlement, she has no objection to
quash the proceedings.
7. Essentially, it is a matrimonial dispute having no social impact.
The couple has no issue from the marriage and they consciously took a
decision to separate from each other. In the circumstances, continuation of
the prosecution amounts to abuse of the process of the Court. In the above
peculiar facts, we are inclined to exercise our inherent jurisdiction.
8. The application is allowed. We hereby quash and set aside the
charge-sheet (R.C.C.No.1886/2022) arising out of First Information Report
vide Crime No.13/2022 registered with Police Station, Ambazari, District
Nagpur for the offences punishable under Sections 498-A, 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.)
Signed by: Mrs. R.M.RGurnule
MANDADE
Designation: PA To Honourable Judge
Date: 08/05/2024 19:13:25
