Bombay High Court
Harsh S/O Kanhaiya Gowindani & 3 Others vs State Of Mah. Thr. Pso Jaripatka Ps, ... on 28 July, 2020
Author: Amit B. Borkar
Bench: A.S. Chandurkar, Amit B. Borkar
CRI.WP 292/20 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION No. 292/2020
1. Harsh S/o Kanhaiya Gowindani,
Aged about 28 years, Occupation Business,
R/o Plot No.251, Ring Road, Behind K.K.
Nagar, Opp. Gurunanak Housing Society,
Jaripatka, Nagpur - 440 014.
2. Kanhaiya S/o Pesumal Gowindani,
Aged about 56 years, Occupation Business,
R/o Plot No.251, Ring Road, Behind K.K.
Nagar, Opp. Gurunanak Housing Society,
Jaripatka, Nagpur - 440 014.
3. Smt. Renu W/o Kanhaiya Gowindani,
Aged about 53 years, Occupation Housewife,
R/o Plot No.251, Ring Road, Behind K.K.
Nagar, Opp. Gurunanak Housing Society,
Jaripatka, Nagpur - 440 014.
4. Smt.Ritika w/o Harsh Gowindani
@ Ms Vishika d/o Vijay Parwani
Aged about 25 years, Occ: Housewife,
R/o Flat No.601-602, J.P. Enigma,
Next Lane to Sanatan Dharamshala,
Kadbi Chowk, Nagpur-440004 PETITIONERS
.....VERSUS.....
State of Maharashtra,
Though Police Station Officer
Jaripatka Police Station, Nagpur. RESPONDENTS
Ms A.S. Wanjari and Shri M.Anilkumar, counsel for petitioners.
Shri A.M. Kadukar, Additional Public Prosecutor for respondent.
CORAM : A.S. CHANDURKAR AND AMIT B. BORKAR, JJ.
DATE : 28TH JULY, 2020
ORAL JUDGMENT (PER : AMIT B. BORKAR, J.)
RULE. Heard finally.
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CRI.WP 292/20 2 Judgment
2. This is a petition filed by the family members to quash the First Information Report No.702 of 2020 on the premise that they want to resolve the dispute amicably.
3. These proceedings arise out of First Information Report No.702 of 2020 registered with Police Station Jaripatka for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act read with Sections 377, 498-A and 34 of the Indian Penal Code. During the course of investigation, the parties have arrived at settlement and therefore they have filed this joint petition to quash the First Information Report lodged against the petitioner nos.1 to 3 by the petitioner no.4.
4. On perusal of the annexures to the petition and in particular Annexure-3, it appears that the parties have agreed to settle the dispute. The parties are present and are identified by their respective advocates. The parties admit that they want to resolve the dispute amicably. Therefore, no purpose would be served by keeping the matter pending. We are satisfied that offences mentioned in the FIR are not heinous or serious in the facts of the present case, they are of private nature. We are therefore satisfied that the First Information Report No.702 of 2020 deserves to be quashed on the ground of amicable settlement between the parties. We therefore pass the following order. ::: Uploaded on - 28/07/2020 ::: Downloaded on - 30/07/2020 01:42:47 :::
CRI.WP 292/20 3 Judgment
5. First Information Report No.702 of 2020 dated 09.07.2020 registered with Police Station Jaripatka for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act read with Sections 377, 498-A and 34 of the Indian Penal Code is hereby quashed and set aside.
6. The Writ Petition is allowed and disposed. Rule is made absolute in aforesaid terms.
(AMIT B. BORKAR, J.) (A.S. CHANDURKAR, J.)
APTE
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