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Krushna Bapurao Mohite And Others vs The State Of Maharashtra Thr. … on 9 February, 2017

                                                                                                               APL.889.16

                                                                 1




                                                                                                                   
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                     
                                      BENCH AT NAGPUR, NAGPUR.
                                                 ...

CRIMINAL APPLICATION (APL) NO.889/2016

1) Krushna Bapurao Mohite

Aged about 26 years, occu: Labour
R/o Manjulamata Nagar, Gurudeonagar,
Tal. Tiwasa, Dist. Amravati.

2) Vijay Bapurao Mohite
Aged about 22 years, occu: Labour
R/o Manjulamata Nagar, Gurudeonagar,

Tal. Tiwasa, Dist. Amravati.

3) Bapurao Gulabraoji Mohite

Aged about 57 years, occu: Labour
R/o Manjulamata Nagar, Gurudeonagar,
Tal. Tiwasa, Dist.Amravati.

4) Sau. Sunanda Bapurao Mohite

Aged about 53 years, occu: Household
R/o Manjulamata Nagar, Gurudeonagar,

Tal. Tiwasa, Dist. Amravati. ..APPLICANTS

v e r s u s

1) The State of Maharashtra
Through Police Station Officer
Police Station Tiwasa,Tal. Tiwasa
Dist.Amravati.

2) Sau. Bhagyashree Krushna Mohite

Aged about 22 years, occu: Household
R/o C/o Kailash Rambhau Chauhan
Ward No. 2, Hanuman Nagar, Gurudeonagar
Mozari, Tal.Tiwasa Dist.Amravati. ..NON-APPLICANTS
(RESPONDENTS)
……………………………………………………………………………………………………………

Mr.R.D.Wakode, Advocate for applicants
Mrs.Ketaki Joshi, A.P.P. For respondent no.1-State
…………………………………………………………………………………………………………….




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                                                                                       APL.889.16

                                                  2




                                                                                          
                                            CORAM:  B.P. DHARMADHIKARI    
                                                                          




                                                                  
                                                       MRS
                                                             . SWAPNA  JOSHI, JJ
                                                                                . 
                                            DATED:    9  FEBRUARY, 2017.
                                                         th



ORAL JUDGMENT: (PER MRS. SWAPNA JOSHI, J.)

1. Rule. Rule is made returnable forthwith. Heard by consent.

2. The applicants have approached this Court for quashing and setting

aside the First Information Report No.36/2014, dated 24.02.2014, and the

consequential proceedings in Regular Criminal Case No.18/2014 pending in

the Court of learned Judicial Magistrate, First Class, Tiwasa.

3. The applicant no.1 was married with non-applicant no.2 on 22nd May

2012. As there were disputes between the parties, first information report

came to be lodged on 24.2.2014 bearing FIR No.36/2014, for offence

punishable under sections 498A, 406 read with Section 34 of the Indian Penal

Code. An investigation was carried out and a charge-sheet came to be filed

in the Court of learned Judicial Magistrate, First Class, Tiwasa.

4. As there was an amicable settlement between the parties, they filed a

petition u/s.13-B of the Hindu Marriage Act for dissolution of marriage by

mutual consent, in the Court of learned Civil Judge, Senior Division, Amravati.

5. We have perused the contents of the said petition. Paragraph 5 thereof

reveals that, non-applicant no.2 had consented to withdraw the cases filed

against the applicants. The learned Civil Judge, Sr. Dn., Amravati, has allowed

the said petition.

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APL.889.16

3

6. Parties are present before the Court. The applicants and their Counsel

identified non-applicant no.2. We have confirmed the identity of parties, more

particularly, the identity of non-applicant no.2. The photocopy of her election

card is marked as Exh.’X’. Non-applicant no.2 stated that the FIR and the

proceedings against the applicants be quashed and set aside.

7. The Hon’ble Apex Court in the case of B.S.Joshi and others vs. State

of Haryana and another {2003} 4 SCC 675, has held that when the parties

have settled their matrimonial dispute amicably, this Court could exercise its

powers u/s.482 of the Criminal Procedure Code, to give an end to the dispute.

8. For the reasons aforesaid, the Application is allowed. Rule is made

absolute in terms of prayer clause (i) of the Application. However, there shall

be no order as to costs.

                     JUDGE                                            JUDGE
    sahare





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