Bombay High Court
Nikhil Ashokrao Waghmare And 2 Others vs The State Of Mah. Thr. Pso Ps Gittikadan ... on 3 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10120-DB
1 949.apl.573.22-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 573 OF 2022
1. Nikhil Ashokrao Waghmare,
Aged 28 yrs. Occ. Legal Practitioner.
[Husband of deceased]
2. Smt. Mohini W/o. Ashokrao Waghmare,
Aged about 63 years, Occ. Household,
Both R/o. SF7, Shivganga Apartment,
3rd Floor, Friends Colony,
Gittikhadan, Nagpur.
[Mother-in-law of deceased]
3. Rita Rajesh Kamlakar,
Aged about 39 years, Occ. Household,
R/o. Pooja Sabhagruha, 600, Marartoli,
Ramnagar, Nagpur.
[Sister-in-law of deceased] ... APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through Police Station Officer,
Police Station, Gittikhadan, Nagpur,
District Nagpur.
2. Khushal @ Mangesh Mohanrao Jadhav,
Aged about 34 years,
R/o. Rajapeth Zenda Chowk, Near Gopal
Bherde Bhavan, Amravati District. ...NON-APPLICANTS
[Brother of deceased]
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Mr. R. R. Vyas, Advocate for Applicants.
Mr. N. H. Joshi, A.P.P. for Non-applicant/State.
Mr. Y. B. Sonone, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 03.09.2024
2 949.apl.573.22-J.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.103/2022 registered with Police Station Gittikhadan, District
Nagpur for the offences punishable under Sections 498-A, 306 read with
Section 34 of the Indian Penal Code on account of mutual settlement.
4. Sister of the informant namely Muktai @ Rani got married with
the applicant No.1 Nikhil on 19.12.2021. Soon after the marriage, she
resumed to cohabit with her husband and in-laws. Within few days from the
marriage, pursuing harassment, she has informed the things to her parents.
She has informed that her husband used to suspect her character and on
said count, used to pick up the quarrel. Finally, on 22.02.2022, the lady
committed suicide by hanging. After four days from the suicidal death, the
informant, who is the real brother of the deceased has lodged a report
alleging that by conduct, the applicants, who are husband, mother-in-law
and sister-in-law of the deceased abetted her to commit suicide.
5. The investigation was conducted, however, charge-sheet has not
been filed. In the meantime, the matter has been settled. The informant -
3 949.apl.573.22-J.odt
Khushal has appeared before us and stated about the settlement and his no
objection to quash the proceedings. Rather the informant has stated that
due to untimely death of his sister, under misconception, he has lodged the
report. He has stated in the affidavit that things were misunderstood and
now they have no complaint and thus, he does not wish to prosecute against
the applicants.
6. In order to ascertain the view of rest of the kins of the deceased,
on our query, the informant stated that his parents has no objection, they
would appear and file reply. In turn, the brother of the deceased namely
Rahul, father Mohanrao and Mother Usha have filed affidavit stating that
they have no grievance against the applicants and thus, gave no objection to
quash the proceedings.
7. A married lady has committed suicide within one year from the
marriage. Certainly, the matter is of concern, however, all the kins of the
deceased have stated that due to misconception, they have lodged the
report. This Court is vested with wide powers, which are to be exercised in
befitting cases to do the complete justice. The non-obstante clause gives an
overriding effect over rest of the provisions of the Code. In other words, the
powers are unlimited which are to be exercised in judicious manner to
secure the ends of justice.
4 949.apl.573.22-J.odt
8. Since the informant and other relatives of the deceased made a
categorical statement that out of misunderstanding, the report is lodged,
there is every possibility that they may not support the prosecution case if
taken to trial. Though the incident is an outcome of matrimonial discord,
however, it cannot be stated to be heinous. As the informant party has no
grievance, continuation of prosecution amounts to exercise in futility. The
learned Counsel for the applicants undertake to deposit sum of Rs.25,000/-
towards costs for rotating the State machinery. Having regard to above
peculiar facts, we are inclined to exercise our inherent powers to prevent
the abuse of the process of the Court.
9. In view of above, the application is allowed. We hereby quash
and set aside the First Information Report vide Crime No.103/2022
registered with Police Station Gittikhadan, District Nagpur for the offences
punishable under Sections 498-A, 306 read with Section 34 of the Indian
Penal Code against the applicants only.
10. The applicants shall deposit sum of Rs.25,000/- towards costs
with the Vidarbha Lady Lawyers Association within a period of one week
from today.
11. The matter be placed on 12.09.2024 for noting compliance.
Signed by: Mrs. R.M. MANDADE (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Designation: PA To Honourable Judge
RGurnule
Date: 09/09/2024 18:24:43
