Bombay High Court
Manoj Gautam Tayade And Others vs State Of Maharashtra Thr. P.S.O. Police ... on 22 June, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
apl525.18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.525/2018
APPLICANTS : 1. Manoj Gautam Tayade
Aged : 32 Years, Occp. : Service
2. Yogesh Gautam Tayade
Aged : 31 Years, Occp. : Service
3. Sumit Prabhakar Yayade
Aged : 25 years, Occp. Business
4. Gautam Sampat Tayade
Aged : 58 years, Occp. : Business
5. Sau. Yashoda Gautam Tayade
Aged : 55 Years, Occp. : Home-maker
6. Deepika Gautam Tayade
Aged : 30 Years, Occp. : Home - maker
7. Sadhana Gautam Tayade
Aged : 28 Years Occp.: Home-maker
8. Sau. Vandana Prabhakar Tayade
Aged : 55 Years Occp.: Home-maker
All R/o Kasarkhed Tah. Balapur
Distt. Akola.
...VERSUS...
NON-APPLICANTS : 1. State of Maharashtra,
Through P.S.O., Police Station Old City,
Tq. Akola, Distt. Akola.
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2. Sau. Shilpa Manoj Tayade
Aged : 25 Years Occp.: Home-maker
R/o Police Vasahat, Geeta Nagar,
Akola.
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Shri U.J. Deshpande, Counsel for applicants
Shri A.V. Palshikar, APP for non-applicant no.1
Shri A.S. Thotange, Counsel for respondent no.2
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CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 22/06/2018
ORAL JUDGMENT (PER : ARUN D. UPADHYE, J.)
1. Rule. Rule made returnable forthwith. The criminal application is heard finally with the consent of the learned Counsel for the parties.
2. This is an application filed by the applicants under Section 482 of the Code of Criminal Procedure for quashing the charge-sheet in Regular Criminal Case No.791/2016 pending against the applicant nos.1 to 8 in the Court of Judicial Magistrate First Class, Court No.6, Akola arising out of First Information Report No.68/2016 dated 13/6/2016 registered with Old City Police Station, Akola under Sections 498-A, 504, 506 read with 34 of Indian Penal Code.
3. The applicants have contended that the applicant no.1 and non-applicant no.2 are husband and wife and the applicant nos.2 to 8 are relatives of applicant no.1. Non-applicant no.2 has lodged ::: Uploaded on - 26/06/2018 ::: Downloaded on - 27/06/2018 00:57:08 ::: apl525.18.odt 3 report in the Police Station Old City, Akola for the offence punishable under Sections 498-A, 504, 506 read with 34 of Indian Penal Code. After investigation, police filed charge-sheet and criminal proceedings bearing Regular Criminal Case No.791/2016 is pending before the Judicial Magistrate First Class, Court No.6, Akola.
4. It is submitted that the marriage of applicant no.1 and non-applicant no.2 was performed on 4/5/2015 as per customs prevailing in Buddha religion. The non-applicant no.2 due to misunderstanding has lodged First Information Report against the applicants. It is further submitted that now the applicant no.1 and non-applicant no.2 have filed petition under Section 13 (B) of the Hindu Marriage Act, 1955 for divorce by mutual consent and agreed to withdraw all litigations.
5. We have heard Shri Deshpande, the learned Counsel for the applicants, Shri Palshikar, the learned Additional Public Prosecutor for non-applicant no.1 and Shri Thotange, the learned Counsel for non-applicant no.2. Learned Counsel for the applicants submitted that the matter is settled amicably between the parties. The applicant no.1 and non-applicant no.2 have filed divorce proceedings by mutual consent. The parties are present before the Court and ::: Uploaded on - 26/06/2018 ::: Downloaded on - 27/06/2018 00:57:08 ::: apl525.18.odt 4 therefore the proceedings pending against the applicants in the criminal Court be quashed and set aside.
6. The learned Counsel for the non-applicant no.2 has no objection for quashing the criminal proceedings. Learned Additional Public Prosecutor for the non-applicant no.1 however objected for the same.
7. The applicant no.1 and the non-applicant no.2 have stated that they have settled the matter amicably and mutual divorce proceedings are filed before the Court and therefore, the criminal proceedings pending before the Judicial Magistrate First Class Court No.6, Akola be quashed and set aside.
8. Considering the submissions of the learned Counsel for the parties and after perusal of the application as well as documents on record, we are of the considered view that the proceedings pending before the Judicial Magistrate First Class, Court No.6, Akola, i.e., Regular Criminal Case No.791/2016 for the offence punishable under Sections 498-A, 504, 506 read with 34 of Indian Penal Code could be quashed and set aside. The applicant no.1 and non-applicant no.2 have settled the matter amicably and decided to obtain divorce by mutual consent. It appears that the applicant no.1 and the non- ::: Uploaded on - 26/06/2018 ::: Downloaded on - 27/06/2018 00:57:08 :::
apl525.18.odt 5 applicant no.2 are residing separately by mutual consent and they do not want to proceed with the criminal case bearing Regular Criminal Case No.791/2016 which is pending before the Judicial Magistrate First Class, Court No.6, Akola. It is, therefore, clear that they have no objection for quashing said proceedings. It is, therefore, futile to proceed in the matter. Hence, we pass the following order :-
O R D E R Criminal Application is allowed. The charge-sheet as well as criminal proceedings bearing Regular Criminal Case No.791/2016 under Sections 498-A, 504, 506 read with 34 of Indian Penal Code pending before the Judicial Magistrate First Class, Court No.6, Akola arising out of First Information Report No.68/2016 registered with Old City Police Station, Akola for the aforesaid offence against the applicants are hereby quashed and set aside.
Rule is made absolute in the aforesaid terms.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Wadkar, P.S.
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