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Judgments of Supreme Court of India and High Courts

Chandrkant S/O. Vasantrao … vs State Of Maharashtra Thr. Police … on 19 September, 2018

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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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