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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application (APL) No.554 of 2018
1. Chandrakant s/o Vasantrao Barapatre,
Aged about 38 years,
Occupation – Service,
R/o New Mangalwari,
Mehandibag Road,
Binaki Chowk, Nagpur.
2. Vasantrao s/o Dashrath Barapatre,
Aged about 63,
Occupation – Private Service.
3. Sau. Nirmala w/o Vasantrao Barapatre,
Aged about 58 years,
Occupation – Nil.
4. Mangesh s/o Vasantrao Barapatre,
Aged about 31 years,
Occupation – Private Work.
All resident of New Mangalwari,
Mehandibag Road, Binaki Chowk,
Nagpur. … Applicants
Versus
1. State of Maharashtra,
through Police Station Officer,
Yashodhara Nagar, Nagpur,
Dist. Nagpur.
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2. Sau. Sonam Chandrakant Barapatre,
Aged about 30 years,
Occupation – Nil,
R/o C/o Vinod Gadikar, Lalgang,
Raut Chowk, Near Satimata Temple,
Opp. Savji Bhojanalaya, Behind
Country Liquor Shop,
Mehandibag Road,
Lalgang Chakna Chowk,
Nagpur-440002. … Respondents
Shri N.M. Kolhe, Advocate for Applicants.
Shri M.J. Khan, Additional Public Prosecutor for Respondent
No.1/State.
Coram : R.K. Deshpande Arun D. Upadhye, JJ.
th
Dated : 19 September, 2018
Oral Judgment (Per R.K. Deshpande, J.) :
1. Admit. Heard finally by consent of the learned counsels
appearing for the parties.
2. This application seeks quashment of the criminal
proceedings, bearing Regular Criminal Case No.303338 of 2015,
arising out of Crime No.83 of 2015, pending before the Judicial
Magistrate First Class, Court No.7, at Nagpur for the offences
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punishable under Sections 498A, 377 and 504 read with
Section 34 of the Indian Penal Code.
3. Notice for final disposal of the matter was issued by this
Court on 7-8-2018 and the further proceedings before the lower
Court were stayed. All the parties are served. No one appears
for the respondent No.2/complainant-wife, whereas
Shri M.J. Khan, the learned Additional Public Prosecutor,
appears for the respondent No.1- State and has filed reply
opposing the claim made in this application.
4. Undisputedly, there is a decree for divorce by mutual
consent passed by the Family Court No.4 at Nagpur on
14-2-2018. After going through the judgment of the Family
Court, we find a reference to the settlement between the parties
in Para 3 of the judgment. In Para 7 of the judgment, the
learned Judge of the Family Court has referred to the fact that
the respondent No.2-wife, who is the applicant No.2 in the
application for mutual divorce, has undertaken to withdraw the
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complaint under Section 498A of the Indian Penal Code, lodged
against the present applicants.
5. In spite of service of notice, the respondent No.2-wife
does not appear in the present matter and we, therefore,
presume that she is not interested in going ahead with the
prosecution of the applicants for the offences punishable under
Sections 498A, 377 and 504 read with Section 34 of the Indian
Penal Code. We find a reference in the judgment of the Family
Court regarding payment of permanent alimony of Rs.1,50,000/-
by the applicant No.1-husband to her, in the complaint. We,
therefore, do not find that any purpose would be served in
continuing with the prosecution of the applicants for the offences
alleged.
6. In the result, this criminal application is allowed. The
criminal proceedings, bearing Regular Criminal Case No.303338
of 2015, arising out of Crime No.83 of 2015, pending before the
Judicial Magistrate First Class, Court No.7, at Nagpur, for the
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offences punishable under Sections 498A, 377 and 504 read with
Section 34 of the Indian Penal Code, are hereby quashed and set
aside.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Lanjewar. PS
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