Bombay High Court
Shri. Sushantrao S/O Narayanrao ... vs The State Of Maharashtra, P.S.I. ... on 27 April, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande, M. G. Giratkar
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THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 700 OF 2013
(1) Shri Sushantrao S/o Narayanrao Gawande
Aged 37 yrs, Occ : Business,
(2) Shri Narayanrao S/o Ramkrishna Gawande,
Aged 70 yrs, Occ : Retired
(3) Sau. Ushatai W/o Narayanrao Gawande,
Aged 60 yrs,
Applicant Nos. 1 to 3 all R/o C/o Shri Boke's
House, Near Gajanan Maharaj Mandir,
Sai Nagar, Amaravati, Tahsil & District
Amaravati.
(4) Sou. Suwarna W/o Sanjay Wankhede,
Aged 31 yrs, Household, R/o At & Post
Talvel, Tq. Chandur Bazar, District
Amaravati.
(5) Shri Prashant Narayanrao Gawande,
Aged 36 yrs, Occ : Service,
(6) Smt. Sonal W/o Prashant Gawande,
Occ : Household,
Applicant Nos. 5 and 6 both R/o Near J.D.
Patil Mahavidyalaya, Akot Road, Banosa
(Daryapur), Tq. Daryapur, District
Amaravati.
(7) Shri Avinash Mandekar, Aged 35 yrs,
Occ : Business.
(8) Smt. Yogita W/o Avinash Mandekar,
Aged 30 yrs, Occ Household,
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Both R/o Near J.D. Patil Mahavidyalaya,
Akot Road, Banosa (Daryapur), Tq.
Daryapur, District Amaravati. ... Applicants
VERSUS
(1) The State of Maharashtra, P.S.I.
Daryapur, District Amaravati.
(2) Smt. Sonali W/o Sushant Gawande,
Aged 26 yrs, R/o Near J. D. Patil
Mahavidyalaya, Akot Road, Banosa,
Tq. Daryapur, District Amaravati. ... Respondents
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Shri A. M. Ghare, Advocate for the applicants
Shri J. Y. Ghurde, Additional Public Prosecutor for the respondent no. 1
None for the respondent no. 2
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
Date : 27/04/2018. Oral Judgment (Per : R. K. Deshpande, J.)
The present petition challenges lodgment of First Information Report (FIR)/Crime No. 169/2013 registered on 24-10-2013 against the applicants for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code at the instance of the respondent no. 2 Smt. Sonali w/o Sushant Gawande. ::: Uploaded on - 02/05/2018 ::: Downloaded on - 04/05/2018 00:56:38 :::
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2. We have heard Shri Ghare, learned counsel for the applicants and Shri Ghurde, learned Additional Public Prosecutor for the State/respondent no. 1. In spite of service of notice to the respondent no. 2, no one appears for her. It is not necessary for us to issue fresh notice.
3. Shri Ghare, learned counsel has filed affidavit dated 26-4-2018 before this Court sworn in by the applicant no. 1 Shri Sushant S/o Narayan Gawande. In this affidavit, it is stated in paragraph nos. 3 to 5 as under :-
3. During the pendency of aforesaid proceedings, the parties have reached to the settlement and accordingly, they have filed the compromise terms before the Civil Judge, Junior Division, Daryapur, where the proceedings filed by present applicant No. 1 for divorce were pending. The Civil Judge, Sr. Dn., Daryapur by its order dt. 19/11/2015 was pleased to accept the compromise terms and has disposed of the said proceedings in terms of compromise. The copy of compromise terms are filed herewith as Annexure A-1. The perusal of said compromise terms shall reveal that parties are agreed to withdraw the Criminal Case No. 214/2015 pending before J.M.F.C., Daryapur.::: Uploaded on - 02/05/2018 ::: Downloaded on - 04/05/2018 00:56:38 :::
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4. As the applicant has paid total amount of Rs. 24,000/- to the Respondent No. 2, she has withdrawn the proceedings filed under section 125. The copy of pursis filed by Respondent No. 2 and has withdrawn the proceedings filed under section 125 Cr.P.C. The copy of pursis and the order passed thereupon is filed herewith as Annexure A-2.
5. The Domestic Violence proceedings were also dismissed by order dt. 29/6/15. The copy of order passed in Domestic Violence Proceeding dt. 29/6/2015 is filed herewith as Annexure A-3.
He has also filed affidavit of the respondent no. 2 which was sworn in on 19-11-2015 i.e. the date on which compromise was accepted by learned Civil Judge Senior Division, Daryapur in H.M.P. No. 63/2015. The respondent no. 2 has received amount of Rs. 4,00,000/- towards full and final settlement of her claim. The matter is resolved by way of compromise on 19-11-2015. The proceedings under Section 125 of the Code of Criminal Procedure are disposed of by recording that the respondent no. 2-complainant has received an amount of Rs. 4,21,000/-. The proceedings under the Domestic Violence Act are also disposed of by an order dated 29-6-2015 passed in H.M.P. No. 74/2013 and Domestic Violence Case No. 13/2015.
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4. Shri Ghare, learned counsel for the applicants also invited our attention to the notice-reminder issued by the High Court Legal Services Sub Committee, Nagpur in the name of the respondent no. 2 informing that the matter is listed on board in the month of January, 2018 and she should provide her instructions to her counsel.
5. In view of the above, there is no reason for us to have any doubt about what is stated in the affidavit. We therefore accept the statement made on affidavit by the applicant and quash and set aside First Information Report (FIR)/Crime No. 169/2013 registered on 24-10-2013 against the applicants for the offences punishable under Sections 498-A read with Section 34 of the Indian Penal Code in Police Station, Daryapur, District Amravati. Consequently, proceedings of the Regular Criminal Case No. 70/2014 pending in the Court of the Judicial Magistrate First Class, Daryapur also stands quashed and set aside.
6. Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
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