Bombay High Court
Dr. Laxmikant Bhagwat Kawtekwar And ... vs The State Of Maharashtra And Other on 12 April, 2016
Author: R.M. Borde
Bench: R.M. Borde
Cr.Appln.822/16
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.822/2016
1] Dr.Laxmikant Bhagwat Kawtekwar,
age 33 yrs., occu.Medical
Practitioner,
2] ig Bhavna w/o Bhagwat Kawtekwar,
age 55 yrs., occu.household,
3] Bhagwat Govind Kawtekwar,
age 60 yrs., occu.retired,
All r/o Flat No.301, Silver Grest,
Parmarnagar, Fatima Nagar, Pune.
4] Srinivas Bhgwat Kawtekwar,
age 26 yrs., occu.service,
r/o at present at Reliance Industries
Plant, at Bhaduch, Gujrath.
5] Archana w/o Ravindra,
age 35 yrs., occu.service,
6] Ravindra s/o Ajay,
age 37 yrs., occu.service,
Applicant Nos.5 & 6 r/o 2-4-123/3/301,
Swaroop Nagar, Uppal, Uppal.
Rangareddy, 500039, Andhra Pradesh.
...Applicants..
Versus
1] The State of Maharashtra.
::: Uploaded on - 18/04/2016 ::: Downloaded on - 29/07/2016 22:02:12 :::
Cr.Appln.822/16
- 2 -
2] The Police Inspector,
Palam Police Station, Palam.
Dist.Parbhani.
3]
Supriya w/o Laxmikant Kawtekwar,
age 31 yrs., occu.Doctor,
r/o Palam Tq.Palam Dist.Parbhani.
...Respondents...
.....
Shri Shaikh Mobin, Advocate for applicants.
Shri K.S. Patil, APP for respondent nos.1 & 2.
Shri D.M. Shinde, Advocate for respondent no.3.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 12.04.2016
ORAL JUDGMENT : (Per Borde, J.)
1] Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.
2] This is a petition presented by the applicant no.1 - husband and the in-laws of the respondent no.3 -
wife of the applicant no.1, praying for quashment of the criminal proceedings initiated pursuant to lodging of the First Information Report No.123/2003 at Police Station, Palam on 14.11.2015 for commission of offences punishable u/ss.498-A, 323, 452, 504, 506 r/w 34 of the Indian Penal ::: Uploaded on - 18/04/2016 ::: Downloaded on - 29/07/2016 22:02:12 ::: Cr.Appln.822/16
- 3 -
Code. The respondent no.3 is legally wedded wife of the petitioner no.1 and the marriage was solemnized in the year 2015. There was some matrimonial disharmony between the parties on account of certain minor issues. The husband and the wife had decided to settle their differences and the wife, who was residing separately, has agreed to join the matrimonial company of the husband.
3] The terms of the settlement arrived at between the applicant no.1 - Laxmikant Bhagwat Kawtekwar and the respondent no.3 - his wife Supriya w/o Laxmikant Kawtekwar, are placed on record and those are marked as Exhibit X for identification. The respondent no.3 has agreed to join the matrimonial company of the applicant no.1 and has further agreed not to prosecute the criminal case initiated in pursuance to the lodging of the First Information Report on 14.11.2015.
4] Apart from above, the respondent no.3 has agreed to withdraw Miscellaneous Civil Application No.157/2015 pending before this Court seeking transfer of the Hindu Marriage Petition No.442/2015, which has been lodged in the Family Court at Pune. The applicant no.1 has agreed ::: Uploaded on - 18/04/2016 ::: Downloaded on - 29/07/2016 22:02:12 ::: Cr.Appln.822/16
- 4 -
to withdraw the Hindu marriage Petition No.442/2015 presented at Family Court at Pune and also the Criminal Case No.860/2014 presented at Pune. The respondent no.3
- wife has also agreed to tender an application seeking withdrawal of the complaint / application No.205/2015 presented by her at the office of the Superintendent of Police, Mahila Cell, Parbhani, alongwith the notices dated 5.10.2015 and 5.11.2015 and other complaints / applications filed by her against the husband.
5] In view of the settlement reached between the parties, it is desirable to direct quashment of the criminal proceedings initiated at the instance of the respondent no.3 in view of the law laid down by the Supreme Court in the matter of Gian Singh V/s State of Punjab & another reported at (2012) 10 Supreme Court Cases 303. Since the parties have arrived at the settlement, there is no propriety in permitting continuation of the criminal proceedings initiated at the instance of the respondent no.3 - wife.
6] In view of above, the application is allowed.
The criminal proceedings, initiated in pursuance to lodging of the FIR No.123/2015 registered at Police ::: Uploaded on - 18/04/2016 ::: Downloaded on - 29/07/2016 22:02:12 ::: Cr.Appln.822/16
- 5 -
Station, Palam Dist.Parbhani, for the offences punishable u/ss.498-A, 323, 452, 504, 506 r/w 34 of the Indian Penal Code, stand quashed. Rule is made absolute accordingly.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/cr1241612.doc
::: Uploaded on - 18/04/2016 ::: Downloaded on - 29/07/2016 22:02:12 :::