Manjiri D/O Pramod Bhagwat @ Manjiri Kohinoor Tajne And Another v. The State Of Maharashtra, Thr. Police Station Officer, Bhandara And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.314 OF 2023 [Manjiri d/o Pramod Bhagwat @ Manjiri Kohinoor Tajne and Anr. ..V/s..

State of Maharashtra and Ors.] A ND CRIMINAL APPLICATION (APL) NO.315 OF 2023 [Kohinoor Govindrao Tajne and Ors.

..V/s..

State of Maharashtra and Ors.] ___________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr I. A. Fidvi, Advocate for the Applicants in APL No.314 of 2023. Mr A. A. Potnis, Advocate for the Applicants in APL NO.315 of 2023. Mr M. J. Khan, Addl. P. P. for the Non-Applicant No.1/State in both APLs. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 23 rd FEBRUARY , 202 3 .

.

Heard.

2.

Both applications are seeking to quash the First Information Report (FIR) in Crime No.116 of 2020, registered with Bhandara Police Station, District Bhandara, for the offence punishable under Sections 324, 504 and 507 read with Section 34 Indian Penal Code, 1860 and Crime No.117 of 2020 registered with the same Police Station, for the offence punishable under Sections 294, 323 and 506 read with Section 34 of the IPC.

3.

Domestic quarrel occurred in the premises of District Court Bhandara giving rise to file rival Police reports by the parties. At one side there is wife and her father whilst at other

side husband and his father. Both alleges against each other that while they were leaving the Court after finishing proceeding under Section 498A, in the Court premises the incident occurred. The Police investigated and charge-sheets have been filed in both the matters and related criminal cases are pending. 4.

Though, the parties married in the year 2013, however, after three months, they started to reside separately and spending most of the precise time of life in fighting against each other. With the intervention of mediators and by passage of time, they have realized that there is no purpose in fighting litigation, therefore they decided to settle the dispute. The parties have jointly applied to the Family Court, Bhandara for divorce. They have executed terms of settlement, in which decided to withdraw all criminal prosecutions lodged against each other. Informant of Criminal Application No.314 of 2023 namely Kohinoor (husband) and his father Govind are present before us, who are identified by their Counsel Mr Fidvi. They have agreed that the matter is settled and they have no objection to quash the FIR bearing Crime No.

116 of 2020 lodged by Kohinoor. Likewise the informant of Criminal Application No.315 of 2023 namely Manjiri alongwith her father Pramod are also present, who have been identified by their respective Counsel Mr Potnis. We have enquired with them and they have agreed that the matter is settled and they do not want to prosecute the FIR in Crime No.117 of 2020.

5.

It reveals that it was a purely domestic dispute in between two families. the matrimonial relations were so strained that they

have filed counter cases against each other. The passage of time taught them that ultimately they would be looser in fighting against each other. The couple decided to separate and go ahead in the life as per their choice. Considering the nature of accusations, it cannot be said that offences are of anti social nature. Predominately, the litigation is out come of domestic dispute, therefore we deem it appropriate to exercise our inherent powers in peculiar facts of these cases.

6.

In view of above, both criminal applications are allowed. 7.

FIRs in Crime No.116 of 2020, registered with Bhandara Police Station, District Bhandara, for the offence punishable under Sections 324, 504 and 507 read with Section 34 Indian Penal Code, 1860 alongwith RCC No.126 of 2020 pending on the file of JMFC, Bhandara and Crime No.117 of 2020 registered with the same Police Station, for the offence punishable under Sections 294, 323 and 506 read with Section 34 of the IPC alongwith RCC No.191 of 2020 are quashed and set aside. 8.

The criminal applications are disposed accordingly. (VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE