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IN THE COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION NO. 654/2013
(Gopal Vishram Dange and seven others vs. The State of Maharashtra
and another )
…………………………………………………………………………………………………….
…….
Office Notes, Office Memoranda of
Coram, appearances, Court’s orders Court’s or Judge’s order
of directions and Registrar’s orders
…………………………………………………………………………………………………………………………….
Mr. Anzar B Mirza, Adv. for applicants
Mr. S.A.Ashirgade, Additional Public Prosecutor for respondent-State
CORAM : P.N. DESHMUKH
MRS.SWAPNA JOSHI,JJ.
DATED : 18th September, 2018.
Heard.
Applicant no.1-Gopal and respondent no.2-Durga are
present along with Advocate Mirza, Advocate for a applicant
and learned APP Ashirgade. They have placed on record
the compromise pursis thereby settling the score whatsoever
was between the said parties. The same is taken and record
and marked “X” for the purpose of identification.
On enquiry, the respondent no.2 admits that she
was married with applicant no.1 on 3rd May 2009 and
cohabited only for a period of one month from the date of
marriage and since then she is living separately as there was
matrimonial discord. Admittedly, there are no issues out of
their wedlock. From the compromise pursis, it is revealed
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that Protection of Women from Domestic Violence Case
No.14/2016 pending on the file of learned J.M.F.C.
Sangrampur, came to be withdrawn. Similarly, the petition
filed for divorce by mutual consent in the Court of Civil
Judge, Sr.Dn. Khamgaon, though is pending, as per the
parties, the same now fixed on 19.02.2019. The
respondent no.2 admits that she had received Rs 8 lakhs by
demand draft towards permanent alimony from the
applicant no.1 and has waived her right of maintenance
and has no complaint against the applicants. The respondent
no.2-complainant in Crime No.81/2013, as such, do not
intend to prosecute the said report.
Considering the above facts, it is found that the issue
between the parties has been settled amicably and even if
the proceedings registered vide Crime No.81/2013
proceeds, it would end into an acquittal as respondent no.2,
the complainant, would not support the case of
prosecution.
Having considered the aforesaid facts and the law
laid down in the cases of B.S.Joshi and others vs. State of
Haryana and another, reported in (2003) 4 SCC 675 and
Gian Singh vs. State of Punjab and another, reported in
(2012) 10 SCC 303, the Application is liable to be allowed
in terms of the compromise pursis on record, thereby
quashing FIR No.81/2013 dated 2nd October, 2014
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registered at Tamgaon Police Station for of the offence
punishable under Sections 498A, 506 read with Section 34
of the Indian Penal Code.
In the result, the Application is disposed of in terms
of Prayer Clauses (a-i) and (a-ii) of the Application.
JUDGE JUDGE
sahare
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