Emmanuel S/O Beny Benjamin vs The State Of Maharashtra Thr. Pso, ...
2024 Latest Caselaw 14302 Bom

Bombay High Court

Emmanuel S/O Beny Benjamin vs The State Of Maharashtra Thr. Pso, ... on 6 May, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:5625-DB




               Judgment                                                    15 apl 640.24

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                 NAGPUR BENCH : NAGPUR.
                             CRIMINAL APPLICATION (APL) NO. 640/2024

                   Emmanuel s/o Beny Benjamin,
                   Aged about 40 yrs., Occ. Job,
                   R/o. Plot No.3, Patel Nagar,
                   Pipari Kanhan, Tah. Parshivani,
                   P.S. Mankapur, Nagpur (Husband)

                                                              ...     APPLICANT
                                             VERSUS
              1.   State of Maharashtra,
                   through Police Station Officer,
                   Mankapur, Nagpur, Dist. Nagpur.

              2.   Parmeshwari w/o Emmanuel Benjamin,
                   Aged about 38 yrs., Occ. Housewife,
                   R/o. R/2/1, Divyanagari, Opposite
                   Radhakashna Mandir, Nagpur,
                   Mankapur (wife)

                                                                ...NON-APPLICANTS
                                     ---------------------------------
               Mr. K. Jhamb, Advocate with Mr. A. Sharma, Advocate for applicant.
                          Mr. S. V. Narale, APP for non-applicant No.1.
                       Mr/Ms. G. Mishra, Advocate for non-applicant No.2.
                                     ----------------------------------
                                       CORAM : VINAY JOSHI AND
                                                        MRS. VRUSHALI V. JOSHI, JJ.
                                      DATE     :       06.05.2024.

              ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

2. Admit.

Judgment 15 apl 640.24

3. This is an application seeking to quash criminal

prosecution (RCC No. 2775/2021) arising out of Crime No.144/2021

registered with Police Station Mankapur, Dist. Nagpur for the offence

punishable under Sections 498-A, 494 of the Indian Penal Code on

account of mutual settlement.

4. The informant wife due to matrimonial dispute lodged

report, on the basis of which investigation carried and on completion

charge-sheet has been filed. It is informed that the Trial Court has

not framed charges. The couple got married in the year 2008 and

having two grown up daughters. Considering the future of daughters

with the aid of relatives, the parties have settled the dispute. The

informant lady resumed to cohabit with her husband (applicant)

from the year 2022 and residing with her husband.

5. In view of settlement the informant does not wish to go

on with the prosecution. She has filed reply stating about settlement

and her no objection. The informant is present before us who has

been identified by her Advocate Mishra. The informant gave her no

objection to quash the prosecution as there was reunion. In such

peculiar facts, continuation of prosecution would be against the Judgment 15 apl 640.24

interest of justice.

6. In view of above, application is allowed. We hereby

quash and set aside criminal prosecution (RCC No. 2775/2021)

arising out of Crime No.144/2021 registered with Police Station

Mankapur, Dist. Nagpur for the offence punishable under Sections

498-A, 494 of the Indian Penal Code on account of mutual

settlement.

7. Application stands disposed of in above terms.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Gohane

Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 09/05/2024 17:33:50