SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shri. Sushantrao S/O Narayanrao … vs The State Of Maharashtra, P.S.I. … on 27 April, 2018

1 jg.apl.700.13.odt

THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL) NO. 700 OF 2013

(1) Shri Sushantrao S/o Narayanrao Gawande
Aged 37 yrs, Occ : Business,

(2) Shri Narayanrao S/o Ramkrishna Gawande,
Aged 70 yrs, Occ : Retired

(3) Sau. Ushatai W/o Narayanrao Gawande,
Aged 60 yrs,

Applicant Nos. 1 to 3 all R/o C/o Shri Boke’s
House, Near Gajanan Maharaj Mandir,
Sai Nagar, Amaravati, Tahsil District
Amaravati.

(4) Sou. Suwarna W/o Sanjay Wankhede,
Aged 31 yrs, Household, R/o At Post
Talvel, Tq. Chandur Bazar, District
Amaravati.

(5) Shri Prashant Narayanrao Gawande,
Aged 36 yrs, Occ : Service,

(6) Smt. Sonal W/o Prashant Gawande,
Occ : Household,

Applicant Nos. 5 and 6 both R/o Near J.D.
Patil Mahavidyalaya, Akot Road, Banosa
(Daryapur), Tq. Daryapur, District
Amaravati.

(7) Shri Avinash Mandekar, Aged 35 yrs,
Occ : Business.

(8) Smt. Yogita W/o Avinash Mandekar,
Aged 30 yrs, Occ Household,

::: Uploaded on – 02/05/2018 04/05/2018 00:56:38 :::
2 jg.apl.700.13.odt

Both R/o Near J.D. Patil Mahavidyalaya,
Akot Road, Banosa (Daryapur), Tq.
Daryapur, District Amaravati. … Applicants

VERSUS

(1) The State of Maharashtra, P.S.I.
Daryapur, District Amaravati.

(2) Smt. Sonali W/o Sushant Gawande,
Aged 26 yrs, R/o Near J. D. Patil
Mahavidyalaya, Akot Road, Banosa,
Tq. Daryapur, District Amaravati. … Respondents
————————————————————————————————-
Shri A. M. Ghare, Advocate for the applicants
Shri J. Y. Ghurde, Additional Public Prosecutor for the respondent no. 1
None for the respondent no. 2
————————————————————————————————————————

CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.

Date : 27/04/2018.

Oral Judgment (Per : R. K. Deshpande, J.)

The present petition challenges lodgment of First

Information Report (FIR)/Crime No. 169/2013 registered on

24-10-2013 against the applicants for the offence punishable under

Sections 498-A read with Section 34 of the Indian Penal Code at the

instance of the respondent no. 2 Smt. Sonali w/o Sushant Gawande.

::: Uploaded on – 02/05/2018 04/05/2018 00:56:38 :::

3 jg.apl.700.13.odt

2. We have heard Shri Ghare, learned counsel for the

applicants and Shri Ghurde, learned Additional Public Prosecutor for the

State/respondent no. 1. In spite of service of notice to the respondent

no. 2, no one appears for her. It is not necessary for us to issue fresh

notice.

3. Shri Ghare, learned counsel has filed affidavit dated

26-4-2018 before this Court sworn in by the applicant no. 1

Shri Sushant S/o Narayan Gawande. In this affidavit, it is stated in

paragraph nos. 3 to 5 as under :-

3. During the pendency of aforesaid proceedings, the
parties have reached to the settlement and accordingly, they
have filed the compromise terms before the Civil Judge, Junior
Division, Daryapur, where the proceedings filed by present
applicant No. 1 for divorce were pending. The Civil Judge, Sr.
Dn., Daryapur by its order dt. 19/11/2015 was pleased to
accept the compromise terms and has disposed of the said
proceedings in terms of compromise. The copy of compromise
terms are filed herewith as Annexure A-1. The perusal of
said compromise terms shall reveal that parties are agreed to
withdraw the Criminal Case No. 214/2015 pending before
J.M.F.C., Daryapur.

::: Uploaded on – 02/05/2018 04/05/2018 00:56:38 :::

4 jg.apl.700.13.odt

4. As the applicant has paid total amount of Rs. 24,000/-
to the Respondent No. 2, she has withdrawn the proceedings
filed under section 125. The copy of pursis filed by
Respondent No. 2 and has withdrawn the proceedings filed
under section 125 Cr.P.C. The copy of pursis and the order
passed thereupon is filed herewith as Annexure A-2.

5. The Domestic Violence proceedings were also dismissed
by order dt. 29/6/15. The copy of order passed in Domestic
Violence Proceeding dt. 29/6/2015 is filed herewith as
Annexure A-3.

He has also filed affidavit of the respondent no. 2 which was sworn in

on 19-11-2015 i.e. the date on which compromise was accepted by

learned Civil Judge Senior Division, Daryapur in H.M.P. No. 63/2015.

The respondent no. 2 has received amount of Rs. 4,00,000/- towards

full and final settlement of her claim. The matter is resolved by way of

compromise on 19-11-2015. The proceedings under Section 125 of the

Code of Criminal Procedure are disposed of by recording that the

respondent no. 2-complainant has received an amount of Rs. 4,21,000/-.

The proceedings under the Domestic Violence Act are also disposed of

by an order dated 29-6-2015 passed in H.M.P. No. 74/2013 and

Domestic Violence Case No. 13/2015.

::: Uploaded on – 02/05/2018 04/05/2018 00:56:38 :::

5 jg.apl.700.13.odt

4. Shri Ghare, learned counsel for the applicants also invited

our attention to the notice-reminder issued by the High Court Legal

Services Sub Committee, Nagpur in the name of the respondent no. 2

informing that the matter is listed on board in the month of January,

2018 and she should provide her instructions to her counsel.

5. In view of the above, there is no reason for us to have any

doubt about what is stated in the affidavit. We therefore accept the

statement made on affidavit by the applicant and quash and set aside

First Information Report (FIR)/Crime No. 169/2013 registered on

24-10-2013 against the applicants for the offences punishable under

Sections 498-A read with Section 34 of the Indian Penal Code in Police

Station, Daryapur, District Amravati. Consequently, proceedings of the

Regular Criminal Case No. 70/2014 pending in the Court of the Judicial

Magistrate First Class, Daryapur also stands quashed and set aside.

6. Rule is made absolute in aforesaid terms.

JUDGE JUDGE

wasnik

::: Uploaded on – 02/05/2018 04/05/2018 00:56:38 :::

Leave a Reply

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

Copyright © 2021 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