Bombay High Court
Khubhu W/O Rajat Chauhan vs State Of Mah, The P.So. Deori, Gondia on 18 September, 2019
Author: Pushpa V. Ganediwala
Bench: Z.A.Haq, Pushpa V. Ganediwala
Judgment 1 apl546.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 546 OF 2019
1. Khushbu W/o. Rajat Chauhan,
Aged about 20 years, Occ.:Housewife,
2. Rajat S/o. Kamalkumar Chauhan,
Aged about 25 years, Occ.: Nil,
3. Kamalkumar S/o.Bharatlal Chauhan,
Aged about 53 years, Occu.: Service,
4. Girjavati W/o. Kamalkumar Chauhan,
Aged about 48 years, Occu.: Housewife,
All are R/o. Government Ashram School,
Quarter, Mauza Shende Tah. Sadak Arjuni,
Dist. Gondia.
.... APPLICANTS.
// VERSUS //
State of Maharashtra,
Through Police Station Deori,
District : Gondia.
.... NON-APPLICANT.
___________________________________________________________________
Shri Ishant Tambi, Advocate for Applicants.
Ms Swati Kolhe, A.P.P. for Non-applicant/State.
___________________________________________________________________
CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.
DATED : SEPTEMBER 18, 2019.
ORAL JUDGMENT : (Per : Smt.Pushpa V. Ganediwala, J.)
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Judgment 2 apl546.19.odt 1. Heard. 2. RULE. Rule made returnable forthwith.
3. This is a joint application for quashing of F.I.R. No.0113 of 2019 for the offences punishable under Sections 376, 498-A, 323, 506 and 34 of the Indian Penal Code, 1860 registered at Police Station, Deori, District :
Gondia.
4. The applicant No.1 is informant and applicant Nos.2 to 4 are shown as accused in the impugned F.I.R. The applicant No.2 is husband and applicant Nos.3 and 4 are in-laws of applicant No.1-informant. The applicants, on affidavit, state that they have amicably settled the matter and applicant Nos.1 and 2 have already filed Petition For Divorce By Mutual Consent before the Court of Civil Judge Senior Division, Gondia vide Hindu Marriage Petition No. 153 of 2019.
5. In this view of the matter and in view of the judgment of the Hon'ble Apex Court in the case of B.S.Joshi and Others Vs. State of Haryana and another reported in (2003) 4 SCC 675, wherein it is held that where parties have settled their matrimonial dispute, this Court should exercise powers under Section 482 of the Code of Criminal Procedure to give an end to the Criminal proceedings, we are inclined to allow this application and the ::: Uploaded on - 24/09/2019 ::: Downloaded on - 19/04/2020 10:11:05 ::: Judgment 3 apl546.19.odt same is accordingly allowed in terms of prayer clause (A), which reads thus:
"A) Quash and set aside the FIR dated 24.05.2019, registered by Non-applicant police station vide Crime No. 113/2019 for offence punishable under section 498-A, 376, 506, 323 & 34 of the Indian Penal Code 1860 against applicant no.2 to 4 which is annexed herewith as ANNEXURE-B,"
Rule is made absolute accordingly. No costs.
(PUSHPA V. GANEDIWALA, J) (Z.A.HAQ, J)
RRaut..
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