Samrat S/O Ashok Jadhav And 3 Others v. State Of Mah. Thr. Pso Ps Karanja Dist.Washim And Anothr
1 921.apl.656.2022
IN THE HIGH
COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.656 OF 2022 Samrat s/o Ashok Jadhav and ors.
..vs..
State of Maharashtra and anr.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Thotange, Advocate for the applicants. Mrs. Jachak, Addl.P.P. for the State.
Shri Nilesh Borkar, Advocate for non-applicant no.2.
CORAM:
VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.
DATED :
19/09/2024.
Heard.
2.
This is an application seeking to quash the criminal prosecution bearing R.C.C. No.24 of 2022 arising out of First Information Report No.621 of 2021 registered with the Karanja Police Station, District Washim for the offences punishable under Section 498-A read with Section 34 of the Indian Penal Code, Sections 3 and 4 of the Dowry Prohibition Act, on account of settlement.
3.
The couple got married in the year 2015 and after some time, due to temperamental differences, they have started to reside separately. The informant wife has filed a petition for divorce and application claiming multiple reliefs under the provisions of the Protection of Women From Domestic Violence Act, 2005. In the meantime, with the aid and intervention of relatives, the matter has been amicably settled. Both realized that the marriage is not workable hence they decided to sever matrimonial ties in permanency and the husband would pay sum of Rs.9 lakhs towards full and final settlement.
2 921.apl.656.2022 By consent, both have filed joint petition for divorce, which is pending. The husband has already paid partial sum of Rs.4 lakhs to the wife as per the settlement and rest would be paid on the date of decree of divorce. 4.
The informant wife has filed an affidavit-cumreply stating about the settlement and her no objection to quash the proceedings. The informant is present before the Court and identified by her Counsel Shri Borkar and stated about the settlement and receipt of sum of Rs.4 lakhs.
5.
Learned Counsel for the applicant upon instructions would submit that the husband undertakes to pay balance amount of Rs.5 lakhs on the date of decree of divorce.
6.
It is a matrimonial dispute, which is amicably settled between the parties. Having regard to the nature of crime it cannot be termed as serious or anti-social. In the circumstances, the application is allowed. We hereby quash and set aside the criminal prosecution bearing R.C.C. No.24 of 2022 arising out of First Information Report No.621 of 2021 registered with the Karanja Police Station, District Washim for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code, Section 3 and 4 of the Dowry Prohibition Act. 7.
The application stands disposed of accordingly. (MRS.
VRUSHALI V. JOSHI , J.
) (VINAY JOSHI, J.) Trupti