Bombay High Court
Khushal @ Khushiram S/O Bakaramji ... vs State Of Maharashtra, Through P.S. ... on 30 March, 2016
Author: B. R. Gavai
Bench: B. R. Gavai, Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.866 OF 2015
1) Khushal @ Khushiram s/o. Bakaramji
Ramtekkar, aged 42 years, Occ.
Service.
2) Smt. Kaushalyabai wd/o. Bakaramji
Ramtekkar, aged 68 years, Occ. Nil.
Both r/o. 147, Ramaai Nagar, Nari
ring road, near Ramaai Nagar Garden,
Nagpur. ........ PETITIONERS
// VERSUS //
1)State of Maharashtra,
through Police Station,
Hudkeshwar, Nagpur.
2) Sapna w/o. Khushal @ Khushiram
Ramtekkar, aged 32 years,
Occ. Service, r/o. 147, Ramaai
Nagar, Nari ring road, near
Ramaai Nagar garden,
Nagpur. ........ RESPONDENTS
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Mr.K.D.Shukla, Adv. for the petitioners.
Ms R.V.Kaliya, A.P.P. for respondent no.1/State.
Mr.A.G.Agrawal, Adv. for respondent no.2.
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CORAM : B. R. GAVAI &
MRS.SWAPNA JOSHI, JJ.
DATE : 30.3.2016.
ORAL JUDGMENT (Per B. R. Gavai, J) :
1. Rule. Rule made returnable forthwith. Heard by consent.
2. The petitioners have approached this Court for quashing the proceedings vide Regular Criminal Case No.1351 of 2011 arising out of Crime No.118 of 2011 under Section 498-A r/w. Section 34 of the Indian Penal Code pending before the Judicial Magistrate, First Class, 7th Court, Nagpur.
3. Petitioner no.1 and respondent no.2 were married to each other on 4.11.2008 at Nagpur. Out of the said wedlock, the petitioner and respondent no.2 were blessed with one son.
4. It appears that, initially, the married life of petitioner no.1 and respondent no.2 was smooth and the relations between them were cordial. Later, there arose some differences in the year 2011; as ::: Uploaded on - 01/04/2016 ::: Downloaded on - 31/07/2016 11:02:15 ::: 3 wp866.15.odt a result of which, an F.I.R. came to be lodged by respondent no.2 against the present petitioners i.e. her husband and his mother.
5. However, it appears that, with the intervention of members in the family, the matter has been amicably settled between the parties and they are residing together since March, 2012. Not only that, but thereafter petitioner no.1 and respondent no.2 have also been blessed with a girl child.
6. The Apex Court in the case of B.S.Joshi and Others vs. State of Haryana and another reported in (2003) 4 SCC 675 has held that if the matrimonial dispute has been settled between the parties, this Court can exercise powers under Section 482 of the Criminal Procedure Code to quash and give an end to the criminal proceedings.
7. Since, in the present case, the matter is amicably settled between the parties and the parties are residing together, we find that, in the interest of justice, this Court should exercise powers under Section 482 of the Criminal Procedure Code and give an end to the criminal proceedings. Petitioner no.1 and respondent no.2 are ::: Uploaded on - 01/04/2016 ::: Downloaded on - 31/07/2016 11:02:15 ::: 4 wp866.15.odt personally present in the Court. They reiterate about settlement.
8. Rule is, therefore, made absolute by quashing Regular Criminal Case No.1351 of 2011 arising out of Crime No.118 of 2011 under Section 498-A r/w. Section 34 of the Indian Penal Code pending before the Judicial Magistrate, First Class, 7th Court, Nagpur.
ig JUDGE JUDGE
jaiswal
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