SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ganesh S/O. Madhukar Sahare And … vs State Of Maharashtra Thr. Police … on 6 February, 2019

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR

Criminal Writ Petition No. 123 of 2018

Petitioners : 1) Ganesh son of Madhukar Sahare, aged about

29 years, aged about 29 years, Occ: service

2) Smt Chabutai wd/o Madhukar Sahare, aged

about 55 years, Occ: Nil

3) Sadhana w/o Satish Sahare, aged about 38

years, Occ: Nil

4) Satish s/o Ramkrushna Sahare, aged about 45

years, Occ: Nil

5) Shubhangi s/o Madhukar Sahare, aged about

45 years, Occ: Nil

6) Dinesh s/o Madhukar Sahare, aged about 30

years, Occ: Business

7) Sau Sweata w/o Dinesh Sahare, aged about 23

years, Occ: Nil

8) Nitin s/o Vijayrao Nagose, aged about 37 years,

Occ: Nil

All residents of Near Jain Hospital, Ram Nagar,

::: Uploaded on – 08/02/2019 08/02/2019 23:11:12 :::
2

Wardha

versus

Respondents : 1) State of Maharashtra, through PSO,

Police Station, Shanti Nagar, Nagpur

2) Sau Sujata Ganesh Sahare, resident of c/o

Devidas Devhare, Plot No. 1071, Near House

of Jifkate, Marwadi Wadi, Shantinagar, Nagpur

Shri S. K. Bhoyar, Advocate for petitioners

Ms Mayuri Deshmukh, APP for respondent no. 1

Shri Ananta Neware, Advocate for respondent no. 2

Coram : Sunil B. Shukre S. M. Modak, JJ

Dated : 6th February 2019

Oral Judgment (Per Sunil B. Shukre, J)

1. Heard learned counsel for the parties. Rule. Heard forthwith

by consent of parties.

2. Petitioners and respondent no. 2 are personally present

before the Court. They are identified by their respective counsel. Both

the parties state that the entire matrimonial dispute has been amicably

settled in between them and the Memorandum of Settlement dated

::: Uploaded on – 08/02/2019 08/02/2019 23:11:12 :::
3

5.2.2019 has been produced by them before the Court. This document is

marked “X” for identification. They have also produced joint pursis which

is marked “Y” for identification. They have made request to the Court to

allow the writ petition and thereby quash and set aside the offence

punishable under Section 498A read with Section 34 of the Indian Penal

Code and Section 3 of the Dowry Prohibition Act registered against the

petitioners. Parties also state that the settlement has been reached

between them voluntarily and without there being any force, inducement

or coercion. They also submit that condition no. 7 in the Memorandum of

Settlement dated 5.2.2019 is wrongly drafted and in fact, they want to

say that the petition be allowed and it is not intended to be withdrawn.

What has been stated by the petitioners and respondent no. 2 is endorsed

to by their respective counsel.

3. The dispute is of matrimonial nature and it is purely private.

Therefore, in exercise of inherent powers of this Court under Section 482

of the Code of criminal Procedure, writ petition can be allowed.

4. Writ Petition is allowed. FIR No. 109/2017 registered with

Police Station, Shanti Nagar, Nagpur against the petitioners for the

offences punishable under Section 498A read with Section 34 of the

Indian Penal Code and Section 3 of the Dowry Prohibition Act, 1961 and

consequent proceedings under Regular Criminal Case No. 3838 of 2107

pending on the file of Judicial Magistrate, First Class, Nagpur are hereby

::: Uploaded on – 08/02/2019 08/02/2019 23:11:12 :::
4

quashed and set aside.

5. Rule is made absolute in the above terms.

S. M. MODAK, J SUNIL B. SHUKRE, J

joshi

::: Uploaded on – 08/02/2019 08/02/2019 23:11:12 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation