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Judgments of Supreme Court of India and High Courts

Lakhvindersingh S/O. … vs The State Of Maharashtra Thr. … on 11 January, 2019

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR

Criminal Application (APL) No. 430 of 2018

Applicants : 1) Hardeep Singh s/o Tejpalsingh Arora, aged about

28 years, Occ: Business,

2) Tejpal Singh Gurucharansingh arora, aged about

62 years, Occ: Business

3) Ajinder Kaur w/o Tejpal Singh arora, aged about

59 years, Occ: Home-maker

4) Sandeep Singh s/o Tejpalsingh Arora, aged about

34 years, Occ: Business

5) Isha Kaur w/o Sandeep Singh Arora, aged about

30 years, Occ: Home-maker,

All residents of 82/4, Heritage Apartment, Bungalow

No. 2, MLA Hostel, Civil Lines, Nagpur

versus

Respondents : 1) The State of Maharashtra, through Police

Station Officer, P. S. Ambazari, Nagpur

2) Gurleen w/o Hardeep Singh Arora, aged about

21 years, Occ: Household, resident of Lakhvinder

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Singh Tuli, House No. 207, Sukh Niwas,

Kapil Nagar, Nari Road, Nagpur

Shri A. D. Kolhe, Advocate for applicants

Ms A. R. Kulkarni, Addl. PP for respondent no. 1

Shri C. R. Thakur, advocate for respondent no. 2

——–

Criminal Application (APL) No. 907 of 2018

Applicants : 1) Lakhvindersingh s/o Harbhajansingh

Tuli, aged about 50 years, Occ: Transport,

2) Simransingh s/o Lakhvindersingh Tuli, aged

about 23 years

Both residents of Ploty No. 207, Kapil Nagar

Chowk, Jaripatka, Nagpur

versus

Respondents: 1) The State of Maharashtra, through Police

Station Officer, Police Station, Sitabuldi, Nagpur

2) Sandeepsingh s/o Tejpalsingh Arora, resident

of 24, Central Bazar Road, Ramdaspeth, Nagpur

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Shri C. R. Thakur, Advocate for applicants

Ms Kalyani Deshpande, Addl. PP for respondent no. 1

——–

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

Dated : 11th January 2019

Oral Judgment (Per S.B. Shukre, J)

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

forthwith by consent of parties.

2. Criminal Application No. 907 of 2018 has been filed by

applicants Lakhvindersingh Tuli and Simransingh Tuli seeking to quash

charge-sheet filed by Police Station, Sitabuldi, Nagpur in Crime No.

4501/2016 pending before the Special Court, Nagpur vide Criminal Case

No. 3213 of 2016 for the offences punishable under Sections 294, 506 (B)

r/w Section 34 of the Indian Penal Code. That prosecution is launched on

the basis of report lodged by respondent no. 2 Sandeepsingh Arora.

Criminal Application No. 430 of 2018 has been filed by

applicants Hardeepsingh Arora, his parents, brother and sister-in-law for

quashing of Criminal Case No. 105 of 2017 pending before 6 th Judicial

Magistrate, FC, Nagpur arising out of crime no. 106/2016 registered with

Police Station, Ambazari, Nagpur for the offences punishable under

Sections 377, 354A (1), 498A and 323 read with Section 34 of the Indian

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Penal Code. The prosecution in this case is initiated on the basis of

complaint filed by respondent no. 2 Gurleen w/o Hardeepsingh Arora.

3. In APL/430/2018, it is stated that the parties have settled the

dispute inter se amicably and mediation terms (Annexure-III) were

recorded on 3rd August 2017. A perusal of this document, which appears

to be a result of successful mediation between the parties, discloses that

the parties have voluntarily and without getting influenced by anybody or

anything have agreed to put an end to the dispute going on in between

them once and for all. Clause no. (iv) and clause no. (viii) of this

document are relevant in this regard and they sufficiently show the

voluntary nature of the settlement arrived at between the parties. What

has been evidenced by this document has also been endorsed to by the

respective counsel for the parties.

4. All applicants in APL/430/2018 and both the applicants and

respondent no. 2 in APL 907/2018 are present. Respondent no. 2

Gurleen in APL/430/2017 is present through her father. Copy of special

power of attorney dated 26th December 2017 executed by Gurleen in

favour of her father Lakhvinder Singh Tuli (applicant no. 1 in

APL/907/2018) is placed on record. Power of Attorney holder states that

his daughter Gurleen is presently residing in Canada and he has been

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authorized to enter into compromise for and on her behalf. Recitals of

the power of attorney sufficiently indicate that respondent no. 2 Gurleen

has given authority to her father to compromise the matter. With this,

we are satisfied that the parties have voluntarily reached an agreement of

settlement in between them and thus, have agreed to put an end to the

dispute going on between them.

5. Now, it is necessary for us to consider the nature of

allegations made in both the crimes. A perusal of the allegations made in

the respective complaints do disclose that the whole dispute has arisen

out of matrimonial discord between applicant no. 1 and respondent no. 2

in APL/430/2018. This dispute is obviously a private dispute and arises

out of family issues between the parties. Therefore, we are of the view

that this is a fit case for quashing of the crime as well as criminal

proceedings based upon the complaints inasmuch as it would be an

exercise in futility if the proceedings are allowed to go on.

6. Accordingly, both the criminal applications are allowed in the

following terms :

(a) Proceedings under Regular Criminal Case No. 105 of 2017

pending on the file of 6th Judicial Magistrate, FC, Nagpur together with

Crime No. 106/2016 registered with Police Station, Ambazari, Nagpur

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for the offences punishable under Sections 377, 354A (1), 498A and 323

read with Section 34 of the Indian Penal Code are quashed and set aside.

(b) Proceedings under Regular Criminal Case No. 3213 of 2016

pending on the file of Judicial Magistrate, FC Special Judge, Nagpur

together with Crime No. 4501/2016 registered with Police Station,

Sitabuldi, Nagpur for the offences punishable under Sections 294 and

506 (B) read with Section 34 of the Indian Penal Code are quashed and

set aside.

(c) Accused involved in both the proceedings are set at liberty.

7. Rule is made absolute in the above terms.

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

joshi

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