APL.210.17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
…
CRIMINAL APPLICATION (APL) NO. 210/2017
1) Sachin s/o Narayan Dhawale
Aged about 32 years, occu: service
2) Narayan s/o Nilkanth Dhawale
Aged about 66 years, occu: Retired
Both R/o Plot No. 121, Besa Road
Sewadal Nagar, Manewada
Nagpur Tah. Dist. Nagpur. ..APPLICANTS
v e r s u s
1) State of Maharashtra
Police Station Officer
Police Station, Rajapeth,
Amravati, Tah Dist. Amravati.
2) Sneha w/o Sachin Dhawale
Aged about 28 years, occu: Household
R/o C/o Prakash Shastrakar
Deshpande Wadi, Shilangan Road,
Amravati, Tah. Dist.Amravati. ..RESPONDENTS
……………………………………………………………………………………………………………
Mr. P.R.Agrawal, Advocate for the applicants
Ms. N.P.Mehta, Asst. Government Pleader for Respondent No.1
Mr. V.G. Jagirdar, Advocate for Respondent No.2
……………………………………………………………………………………………………………
CORAM: SMT. VASANTI A. NAIK
MRS . SWAPNA JOSHI, JJ
.
DATED : 18 April, 2017
th
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APL.210.17
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ORAL JUDGMENT: (PER MRS.SWAPNA JOSHI, J.)
1. Rule. Rule made returnable forthwith. Heard learned counsel for
respective parties, by consent.
2. The applicants have filed this instant Application under section 482 of
the Code of Criminal Procedure, for quashing and setting aside the First
Information Report No.520/2016, dated 13.07.2016, for offences punishable
u/ss. 498-A, 504, and 506 read with Section 34 of the Indian Penal Code and
consequential Charge-sheet No.63/2017, pending before the learned Judicial
Magistrate, First Class, Amravati.
3. The applicant no.1 got married with respondent no.2 on 10.6.2015 at
Amravati, as per the Hindu rites and customs. A dispute arose between them
just three months after the marriage. Consequentially, the respondent no.2
filed a Petition u/s. 12 of the Hindu Marriage Act for grant of decree of nullity
of marriage in the Family Court, Nagpur, bearing No.A.303/2016. On
23.05.2016, the respondent no.2 filed an Application under the provisions of
the Protection of Women from Domestic Violence Act, 2005, before the learned
Chief Judicial Magistrate, Amravati. On 13.07.2016, the respondent no.2
lodged a complaint with Police Station, Rajapeth against the applicants, for
the offence punishable u/ss. 498A, 504, 506 r/ws. 34 of the I.P.C., vide Crime
No.520/2016. The charge-sheet came to be filed on 09.03.2017 in the Court
of learned Judicial Magistrate, First Class, Amravati.
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4. The respondent no.2 filed an Application u/s. 24 of the Cr.P.C, before
this Court seeking transfer of Petition No.A.303/2016 pending before the
Family Court at Nagpur to the Family Court at Nagpur, vide Miscellaneous Civil
Application No.765/2016.
5. On 04.01.2017, this Court referred both the parties for mediation. The
matter was settled between the parties amicably. The parties arrived at an
agreement of settlement on 15.03.2017, inasmuch as the applicant nos. 1
and respondent no.2 decided to withdraw all the allegations instituted against
each other. It was decided that the applicant no.1 shall pay an amount of Rs.
7,50,000/- to the respondent no.2 towards full and final settlement of her
claim of permanent alimony and all other monetary claims. It was also agreed
that the respondent no.2 shall consent for withdrawal of the complaint
lodged by her against the applicants. In these circumstances, the applicants
requested to quash the FIR lodged against them by the complainant.
6. Both the parties along with their respective counsel are present before
the Court and they reiterate about the terms of settlement between the parties.
We have confirmed the identity of the parties from their respective counsel.
7. In the case of B.S.Joshi and others vs. State of Haryana another,
reported in (2003) 4 SCC 675, the Hon’ble Apex Court has held that when the
parties have settled their matrimonial dispute amicably, this Court could
exercise its powers u/s. 482 of the Cr.P.C., to give an end to the dispute.
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8. The Hon’ble Apex Court in the case of Yogendra Yadav others vs.
State of Jharkhand another, reported in (2014) 9 SCC 653, held that the
High Court can quash a criminal proceeding in exercise of its discretion any
power under section 482 of the Code having regard to the fact that the parties
have amicably settled their disputes and the victim has no objection, even
though the offences are non-compoundable.
9. In view of the law laid down by the Hon’ble Apex Court in the
aforesaid judgments, the Application is allowed. Rule is made absolute in
terms of prayer (i) of the Application. However there shall be no order as to
costs.
JUDGE JUDGE
sahare
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