Bombay High Court
Sarabjeet Singh Gujral S/O. ... vs State Of Maharashtra Thr. Police ... on 25 February, 2019
Author: S.B. Shukre
Bench: Sunil B. Shukre, S.M. Modak
apl.658.18.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION [APL] NO.658 OF 2018
Applicants : 1] Sarabjeet Singh Gujral s/o
Harendrapal Singh Gujral,
Aged about 29 years, Occu : Business.
2] Jasmer Kaur Gujral w/o
Narendrapal Singh Gujral,
Aged about 53 years, Occu : Business.
3] Taranjit Singh Gujral s/o
Harendrapal Singh Gujral,
Aged about 33 years, Occu : Business.
4] Poonam Kaur w/o Tananjit Gujral,
Aged Major, Occu : Household,
Nos. 1 to 4, r/o Plot No.511, Bose Colony,
Adarsh Nagar, Jabalpur, Madhya Pradesh.
5] Meenu Sabharwal @
Surinder K. Sabharwal,
Aged Major, Occu : Household,
R/o Flat No.301, Yash Plaza, Awasthi Chowk,
Guru Nanak Pura, Nagpur.
-- Versus --
Non-Applicants : 1] State of Maharashtra,
Through Police Station Officer,
Police Station Panchpaoli, Nagpur.
2] Mrs. Navneetkaur Gujral w/o
Sarabjeetsingh Gujral,
Aged 24 years, Occu. Nil,
R/o C/o Shri Harpalsingh Gurdatta,
3rd Floor, Gurukrupa Apartments,
Opposite Baba Deep Apartments,
Kashmiri Galli, Indora, Nagpur.
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Shri Amit Khare, Advocate for the Applicants.
Mrs. A.R. Kulkarni, A.P.P. for Non-Applicant No.1.
Shri A.K. Choube, Advocate for Non-Applicant No.2.
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CORAM : SUNIL B. SHUKRE & S.M. MODAK, JJ.
DATE : 25th FEBRUARY, 2019.
ORAL JUDGMENT :- (Per S.B. Shukre, J.)
Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.
02] On the basis of the complaint lodged by non-applicant No.2, Police Station Panchpaoli, Nagpur has registered an offence punishable under Section 498-A read with Section 34 of the Indian Penal Code against all the applicants. The basis of this crime lay in a matrimonial dispute that was going on between applicant No.1 and non-applicant No.2. Now, the matrimonial dispute has been settled and the settlement has resulted into the mutual divorce obtained by the applicant and non-applicant No.2. This settlement has taken place before National Lok Adalat on 14/07/2018 and has been accepted by the Panel of Judges of National Lok Adalat. Copy of the order dated 14/07/2018 passed by the Head of the Panel of National Lok Adalat has been placed on record. It is accompanied by the terms of the mutual settlement between the parties. ::: Uploaded on - 05/03/2019 ::: Downloaded on - 21/03/2019 14:32:56 ::: apl.658.18.jud 3 03] The applicant No.1 as well as non-applicant No.2 are personally present before the Court. They are identified by their respective Counsel. Non-applicant No.2 has also placed on record an affidavit in support of her compromise. In this affidavit, she has given her no objection for quashing of the F.I.R. Applicant No.1 and non-applicant No.2, on enquiry, personally state before the Court that they are satisfied with the mutual settlement arrived at between them.
04] In view of the above, we are convinced that no element of public law is involved in this case and there has been a mutual settlement between the main parties i.e. husband and wife to the satisfaction of each other and consequently F.I.R. being No.26/2016 registered at Police Station Panchpaoli, Nagpur against the husband i.e. applicant No.1 as well as the in-laws of non-applicant No.2, who are applicant Nos.2 to 5, deserves to be quashed and set aside in the interest of justice and in order to prevent the abuse of the process of law.
05] The application is allowed. The F.I.R. bearing Crime No.26/2016 registered at Police Station Panchpaoli, Nagpur and all consequent actions taken thereafter are hereby quashed and set aside.
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06] Rule is made absolute in the above terms.
(S.M. Modak, J.) (Sunil B. Shukre, J.)
*sandesh
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