Bombay High Court
Nikhil Kisanlal Pardeshi vs The State Of Maharastra Through Pso, Ps ... on 9 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11406-DB
Judgment 919 apl 1476.24+388.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1476/2024
WITH
CRIMINAL APPLICATION (APL) NO. 388/2024
*************
CRIMINAL APPLICATION (APL) NO. 1476/2024
Nikhil Kisanlal Pardeshi (Husband)
Aged 30 yrs., Occ. Labourer,
R/o. Subhash Peth, Chavani, Chattrapati
Sambhaji Nagar, Tq. & Dist. Chattrapati
Sambhaji Nagar (Aurangabad)
... APPLICANT
VERSUS
1. The State of Maharashtra,
through Police Station Officer, Akot,
Tq. Akot, Dist. Akola.
2. Payal Nikhil Pardeshi (wife)
Age 25 yrs., Occ. Household,
R/o. Gajanan Nagar, Akot,
Tq. Akot, Dist. Akola.
...NON-APPLICANTS
---------------------------------
Mr. V.B. Bhise, Advocate for applicant.
Mrs. N. Tripati, APP for non-applicant No.1/State.
Mr. A.M. Motlag, Advocate for non-applicant No.2.
----------------------------------
WITH
Judgment 919 apl 1476.24+388.24
2
CRIMINAL APPLICATION (APL) NO. 388/2024
1. Mirabai Kishanlal Pardeshi,
(Mother-in-law)
Aged 52 yrs., Occ. Housewife,
R/o. House No. 768, Pensionpura,
near Ganpati Mandir, Chaaoni,
Tq. & Dist. Auragabad,
2. Pramila Anil Dethe, (sister-in-law)
Aged 31 yrs., Housewife, R/o. TalokarPura,
Akot, Tq. Akot, Dist. Akola presently
residing at Indian Army Cantonment Khadki,
Tq. & Dist. Pune,
3. Anil Mohanlal Dethe, (Brother-in-law)
Aged 38 yrs, Occ. Army Nurse,
R/o. Talokarpura, Akot, Tq. Akot, Dist. Akola,
presently serving as Nursing Assistant, Army
Hospital, Indian Army Cantonment, Khadki,
Tq. & Dist. Pune.
4. Raju Gulab Pardeshi (Father-in-law),
Aged 54 yrs., Occ. --- R/o. House No.806,
Pensionpura, near Ganpati Mandir, Chaaoni,
Tq. & Dist. Aurangabad.
... APPLICANTS
VERSUS
1. The State of Maharashtra,
through Police Station Officer, Akot,
Tq. Akot, Dist. Akola.
2. Payal Nikhil Pardeshi
Age 25 yrs., Occ. Household,
R/o. Gananan Nagar, Akot,
Tq. Akot, Dist. Akola.
...NON-APPLICANTS
Judgment 919 apl 1476.24+388.24
3
---------------------------------
Mr. V.B. Bhise, Advocate for applicants.
Mrs. N. Tripati, APP for non-applicant No.1/State.
Mr. D.N. Mudgale, Advocate for non-applicant No.2.
----------------------------------
CORAM : VINAY JOSHI AND
SANJAY A. DESHMUKH, JJ.
DATE : 09.10.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. By these applications, the applicants are seeking to quash First
Information Report ("FIR") vide Crime No. 30/2024 registered with Police
Station Akot for the offence punishable under Sections 498-A, 323, 504,
506 read with Section 34 of the Indian Penal Code on account of
settlement.
4. The informant lady appeared suo moto through her Advocate.
5. The applicants of Criminal Application (APL) No. 388/2024
are nearer relatives of husband as well as applicant in Criminal Application
Judgment 919 apl 1476.24+388.24
(APL) No. 1476/2024 is husband of informant lady. The couple got
married on 09.11.2019, on which informant lady started to co-habit with
husband and in-laws. After few days, there was matrimonial discord, on
which the dispute arose. Finally, feeling matrimonial harassment, the
informant started to live separately and lodged report. It is informed that till
date, charge-sheet has not been filed.
6. During the pendency of these applications, the parties have
amicably settled the dispute on the advise of family members. Both have
decided to sever matrimonial ties and husband would pay sum of
Rs. 2,00,000/- to the informant towards full and final settlement. In
accordance with the settlement, they have filed petition for divorce by
mutual consent which is pending. The husband is present before us who has
made a statement that he would pay sum of Rs. 2,00,000/- to wife on the
date of passing of decree of divorce. We record his statement as an
undertaking given to this Court.
7. The informant is present before us. She has filed reply in both
applications stating about the settlement and her no objection to quash the
proceeding. We have verified the contention of the informant. It is
matrimonial dispute which cannot be termed as heinous or anti-social. In
Judgment 919 apl 1476.24+388.24
view of that, continuation of prosecution amounts to the abuse of the
process of the Court.
8. In view of above, both applications are allowed. We hereby
quash and set aside FIR vide Crime No. 30/2024 registered with Police
Station Akot for the offence punishable under Sections 498-A, 323, 504,
506 read with Section 34 of the Indian Penal Code on account of
settlement.
9. Both applications stand disposed of in above terms.
(SANJAY A. DESHMUKH, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 14/10/2024 16:25:26
