Bombay High Court
Narayandas Govardhan Mohnani vs The State Of Maharashtra Thr. Pso Ps ... on 11 November, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12460-DB
Judgment 3 apl 1648.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1648/2024
Narayan Govardhandas Mohnani,
Aged about 66 yrs., Occ. Business,
R/o. Wanjari Nagar, Nagpur.
... APPLICANT
(accused)
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Police Station Koradi, Nagpur.
2. Riya w/o. Kamlesh Mohnani,
aged about 36 yrs., Occ. Housewife,
R/o. 27, Lalaoli, opposite Bank of
Maharashtra, Kamptee, Nagpur.
... NON-APPLICANTS
---------------------------------
Mr. S.G. Shukla, Advocate for applicant.
Mrs. M. Deshmukh, APP for non-applicant No.1.
Mr. H.S. Chavhan, Advocate for non-applicant No.2
----------------------------------
CORAM : VINAY JOSHI AND
ABHAY J. MANTRI JJ.
DATE : 11.11.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
Judgment 3 apl 1648.24
3. This is an application seeking to quash criminal
prosecution namely RCC No. 3605/2016 arising out of Crime No.
176/2016 registered with Police Station Koradi, Nagpur for the
offence punishable under Sections 354 of the Indian Penal Code on
account of mutual settlement. Accused is father-in-law of the
informant lady. The informant got married with the son of accused in
the year 2014. and resumed for cohabitation. On 20.08.2016, the
informant and accused were alone at their resident. In such situation,
the accused made physical advance by touching her person as well as
tried to touch her chest improperly. On the basis of such happening,
report has been lodged. The Police carried investigation and on
completion filed charge-sheet. The Trial Court has recorded evidence
of six witnesses so far.
4. There are some other parallel proceeding in between
informant and her husband. The informant has filed application
under Section 12 of the Protection of Woman from Domestic
Violence Act, 2012 and application seeking maintenance. As against
this, the husband has also filed proceeding for divorce. The parties
Judgment 3 apl 1648.24
have entered into compromise before the Family Court. The copy of
consent terms of settlement is placed on record. The parties have
settled the sever matrimonial ties in permanency. The husband has
agreed to pay sum of Rs. 10,00,000/-. It was one of the condition of
settlement that the existing criminal prosecution would be disposed of
by way of quashing.
5. The informant is present before us who has been identified
by her counsel Mr. Chavhan. She has filed reply stating about her no
objection to quash the proceeding. The informant lady, on our query
affirmed about settlement and gave her no objection to quash the
proceeding. True, the criminal case is pending since 2016 and till date
evidence of six witnesses has been recorded. The matter has
progressed, however there are no limitations on the inherent powers
of this Court, if the quashing would secure ends of justice. It was a
domestic dispute, in which report has been lodged by daughter-in-law
against her father-in-law. The offence cannot be termed as heinous or
anti-social. The matter has been settled between the parties by
arriving on compromise. Having regard to the said fact, we deem it fit
Judgment 3 apl 1648.24
to exercise our inherent powers. The applicant has also expressed his
willingness to deposit sum of Rs. 20,000/- towards cost for rotating
State machinery for years together.
6. In view of above, the application is allowed. We hereby
quash and set side criminal prosecution namely RCC No. 3605/2016
arising out of Crime No. 176/2016 registered with Police Station
Koradi, Nagpur for the offence punishable under Sections 354 of the
Indian Penal Code on account of mutual settlement.
7. The applicant shall deposit sum of Rs. 20,000/- to the
High Court Bar Association, Nagpur within two weeks from today.
8. Application stands dispose of in above terms.
9. Stand over to 25.11.2024 for noting compliance.
(ABHAY J. MANTRI J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 14/11/2024 14:50:33
