Bombay High Court
Chandrkant S/O. Vasantrao Barapatre ... vs State Of Maharashtra Thr. Police ... on 19 September, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
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apl554.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application (APL) No.554 of 2018
1. Chandrakant s/o Vasantrao Barapatre,
Aged about 38 years,
Occupation - Service,
R/o New Mangalwari,
Mehandibag Road,
Binaki Chowk, Nagpur.
2. Vasantrao s/o Dashrath Barapatre,
Aged about 63,
Occupation - Private Service.
3. Sau. Nirmala w/o Vasantrao Barapatre,
Aged about 58 years,
Occupation - Nil.
4. Mangesh s/o Vasantrao Barapatre,
Aged about 31 years,
Occupation - Private Work.
All resident of New Mangalwari,
Mehandibag Road, Binaki Chowk,
Nagpur. ... Applicants
Versus
1. State of Maharashtra,
through Police Station Officer,
Yashodhara Nagar, Nagpur,
Dist. Nagpur.
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2. Sau. Sonam Chandrakant Barapatre,
Aged about 30 years,
Occupation - Nil,
R/o C/o Vinod Gadikar, Lalgang,
Raut Chowk, Near Satimata Temple,
Opp. Savji Bhojanalaya, Behind
Country Liquor Shop,
Mehandibag Road,
Lalgang Chakna Chowk,
Nagpur-440002. ... Respondents
Shri N.M. Kolhe, Advocate for Applicants.
Shri M.J. Khan, Additional Public Prosecutor for Respondent
No.1/State.
Coram : R.K. Deshpande & Arun D. Upadhye, JJ.
th Dated : 19 September, 2018 Oral Judgment (Per R.K. Deshpande, J.) :
1. Admit. Heard finally by consent of the learned counsels appearing for the parties.
2. This application seeks quashment of the criminal proceedings, bearing Regular Criminal Case No.303338 of 2015, arising out of Crime No.83 of 2015, pending before the Judicial Magistrate First Class, Court No.7, at Nagpur for the offences ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 02:09:50 ::: 3 apl554.18.odt punishable under Sections 498A, 377 and 504 read with Section 34 of the Indian Penal Code.
3. Notice for final disposal of the matter was issued by this Court on 7-8-2018 and the further proceedings before the lower Court were stayed. All the parties are served. No one appears for the respondent No.2/complainant-wife, whereas Shri M.J. Khan, the learned Additional Public Prosecutor, appears for the respondent No.1- State and has filed reply opposing the claim made in this application.
4. Undisputedly, there is a decree for divorce by mutual consent passed by the Family Court No.4 at Nagpur on 14-2-2018. After going through the judgment of the Family Court, we find a reference to the settlement between the parties in Para 3 of the judgment. In Para 7 of the judgment, the learned Judge of the Family Court has referred to the fact that the respondent No.2-wife, who is the applicant No.2 in the application for mutual divorce, has undertaken to withdraw the ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 02:09:50 ::: 4 apl554.18.odt complaint under Section 498A of the Indian Penal Code, lodged against the present applicants.
5. In spite of service of notice, the respondent No.2-wife does not appear in the present matter and we, therefore, presume that she is not interested in going ahead with the prosecution of the applicants for the offences punishable under Sections 498A, 377 and 504 read with Section 34 of the Indian Penal Code. We find a reference in the judgment of the Family Court regarding payment of permanent alimony of Rs.1,50,000/-
by the applicant No.1-husband to her, in the complaint. We, therefore, do not find that any purpose would be served in continuing with the prosecution of the applicants for the offences alleged.
6. In the result, this criminal application is allowed. The criminal proceedings, bearing Regular Criminal Case No.303338 of 2015, arising out of Crime No.83 of 2015, pending before the Judicial Magistrate First Class, Court No.7, at Nagpur, for the ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 02:09:50 ::: 5 apl554.18.odt offences punishable under Sections 498A, 377 and 504 read with Section 34 of the Indian Penal Code, are hereby quashed and set aside.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Lanjewar. PS ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 02:09:50 :::