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Vijay Baburao Pingle And Others vs The State Of Maharashtra And … on 21 June, 2018

Apln646-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 646 OF 2014

1. Vijay Baburao Pingle … Applicants
Age 67 years, Occu: Business

2. Mrs. Rajni Vijay Pingle
Age 57 years, Occu: Housewife
App. 1 and 2 residing at-
Next to Kamshet Post Office,
Shivaji Chowk, Kamshet, Taluka
Mavel, Dist.Pune

3. Mrs. Poonam Amit Dhume
Age 31 years, Occu: Housewife

4. Amit Ramesh Dhume
Age 33 years, Occu: Service,
App. 3 and 4 R/o Building
No.7, Flat No.501, N.C. Vihar,
Opp. Laxmi Park (1), Vartak
Nagar, Thane (West)

5. Vaibhav Vijay Pingle, Age 29
years, Ocu: Nil,
R/o A/50, Gopal Mansion,
Gurunanak Road, Bandra (WW),
Mumbai 400 050

VERSUS

1. State of Maharashtra
2. Inspector fo Police
Begampura Police Station,
Aurangabad
3. Mrs. Varsha Vaibhav Pingle … Respondents
Age 24 years, Occu: Housewife,
R/o A/604 Waters Edge,
Vishal Nagar, Taluka Haweli,
District Pune (Wakad)Pune
and R/o Plot No. 15, N-13,
Vankhede Nagar, HUDCO,
Aurangabad.

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Mr. Ujwal S. Patil, Advocate for the Applicants
Mrs. D. S. Jape, APP for the Respondents State
Mr. N. S. Ghanekar, Advocate for respondent No.3

CORAM : T. V. NALAWADE AND
K. L. WADANE, JJ.
DATE: : 21st June, 2018

JUDGMENT ( Per K. L. Wadane,J.):

1. Rule. Rule made returnable forthwith. With the

consent of the parties, the application is taken up for

final hearing.

2. After hearing both the sides for some time the

learned APP submitted that charge sheet came to be

filed on 31st March, 2014. Relief is claimed only in

respect of F.I.R. and the present proceeding was filed

on 29.01.2014. Thus, after filing of the present

proceeding, charge-sheet came to be filed. There was no

stay in the present matter. Learned counsel for the

applicants prays for granting permission to amend the

proceeding to add the relief of quashing the criminal

case itself. Permission is granted. Amendment is to be

carried out forthwith.

3. The application is filed under section 482 of the

Code of Criminal Procedure for relief of quashing of

first information report bearing Crime No. I-94/2013

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dated 26.08.2013 registered with Begampura Police

Station, Aurangabad for the offence punishable under

Section 498-A, 323, 504, 506 read with 34 of the Indian

Penal Code and under sections 3 and 4 of the Dowry

Prohibition Act. By way of amendment, the applicants

have also challenged R.C.C. 680/2015 pending before

the learned J.M.F.C., Aurangabad arising out of the

FIR No.I-94/2013 and prayed for quashing the same.

4. Respondent No. 3/original complainant lodged

first information report against the present applicants

alleging that she was married to Applicant No.5

Vaibhav. In the marriage her parents had given 25

tolas gold and Cash of Rs.11 lakhs. It was alleged

that after marriage she was treated well for some

days and thereafter the applicants accused started to

harass her on the count of dowry. Alleging ill-

treatment and harassment against the applicants, she

lodged complaint and the offence as referred above

came to be registered against the applicants accused.

5. Heard Mr. Ujwal S. Patil, learned counsel for

the applicants, Mrs D. S. Jape, APP for the

respondent State and Mr. N. S. Ghanekar, learned

counsel for respondent No.3/complainant.

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6. Respondent No.3 i.e. original complainant has

filed an affidavit stating that the parties have

amicably settled their dispute and have arrived at a

compromise through the process of private negotiations

of their relatives. It is agreed between them that the

dispute is amicably settled and the complainant agreed

to withdraw the present criminal case i.e. Crime No.1-

94/2013. Copy of the consent terms which was filed

before the Family court is produced on record. In

Paragraph No.6 of the affidavit reads thus:

06. I say and submit that before registration
of the impugned crime, the Applicant
No.5/Husband had filed the Divorce Petition
bearing No. M.J. Petition No. 1695/2013 under
section 13(1)(i-a) of the Hindu marriage Act,
1955 before the Family Court, Bandra. As per
terms of compromise, Applicant No.5 and
respondent No.3, on 13th July, 2015, filed the
consent terms before the learned Family Court,
Bandra and as per the said consent terms the
present Respondent No.3/complainant agreed to
give consent for withdrawn and quashing of the
impugned Crime No.1-94/2013.

7. From the record, it appears that the parties

have settled the dispute amicably in the divorce

proceeding and already the decree of divorce by mutual

consent has been passed by the Family Court, Bandra. It

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appears that the parties have decided to set at rest

the further dispute including the present criminal

proceedings.

8. In that view of the matter, in view of settled

law, in order to secure the ends of justice and to

prevent an abuse of process of law, the criminal

proceeding needs to be quashed and set aside. Hence

following order:

O R D E R

(1) First information report bearing Crime No. I-

94/2013 dated 26.08.2013 registered with Begampura

Police Station, Aurangabad for the offence punishable

under Section 498-A, 323, 504, 506 read with 34 of the

Indian Penal Code and under sections 3 and 4 of the

Dowry Prohibition Act and R.C.C. 680/2015 pending

before the J.M.F.C. Aurangabad in respect of Crime

No.I-94/2013 are quashed and set aside.

(2) Rule is made partly absolute in the above terms.

(K. L. WADANE, J.) (T. V. NALAWADE, J.)

JPC

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