Abhishek Ramlakhan Sharma And Others v. State Of Maharashtra, Thr. P.S.O., P.S. City Kotwali, Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATIN (APL) NO. 315/2016

1. Abhishek Ramlakhan Sharma, aged about 39 yrs., Occ. Service Spice Jet Air Ways, New Delhi.

2. Ramlakhan Sedmal Sharma, Aged about 75 yrs., Occ. Retired, Chief Material Manager, SAIL Authority of India.

3. Smt. Santosh Ramlakhan Sharma, Aged about 63 yrs., Occ. Household, (Deleted as per Court's order dated 24.07.2023 since died.) No.1 to 3 R/o. Quarter No. 11/29 Sector 4, Bokaro Steel City Dist. Bokaro (Jharkhand)

4. Sau. Rashmi Manoj Sharma, aged about 43 years, Occ. Household,

5. Manoj Rameshkumar Sharma, Aged about 50 yrs., Occ. Service, Dy. General Manager, Central Coal Fields Ltd, a unit of Coal India, Phusro, Ranchi (Jharkhand) Nos. 4 and 5 R/o. Phusro Ranchi (Jharkhand)

6. Ritambhara Ramlakhan Sharma Aged about 33 yrs, B.E. (Chemicals) Sr. Project Engineer, Samsung India Ltd., New Dehli.

7. Sau. Rekha Mukul Sharma, Aged about 41 yrs., Occ. Household, R/o. C/o. Mukul Sharma, Project Manager IT Solution Company, New Delhi.

... APPLICANTS

VERSUS

1. The State of Maharashtra, through Police Station Officer, Police Station City Kotwali, Akola, Tq. & Dist. Akola (Maharashtra)

2. Ku. Ruchi Ramesh Sharma, Aged 37 (approx), Educated R/o. New Radhakishan Plots, near Gurudwara, Akola, Tq., Dist. Akola.

...NON-APPLICANTS --------------------------------- Mr. J. B. Gandhi, Advocate for applicants.

Mr. V. A. Thakare, APP for non-applicant No. 1. Mr. G.I. Dipwani, Advocate h/f K.H. Anandani, Advocate for nonapplicant No.2. ---------------------------------- CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 24.07.2023 ORAL JUDGMENT (PER VINAY JOSHI, J.) :

On oral request, the learned counsel appearing for the

applicants is permitted to delete the name of applicant No. 3 since she is reported to be died.

2.

Necessary amendment be carried out forthwith. 3.

Heard.

4.

This application seeks to quash First Information Report ('FIR') as well as related charge-sheet arising out of Crime No. 3036/2015 for the offence punishable under Sections 3 of the Dowry Prohibition Act, 1961, 354 (D) of the Indian Penal Code and Section 67 of the Information Technology Act registered with Police Station City Kotwali, Akola, Tq. and Dsit. Akola on account of settlement. It is informant's case that her marriage was arranged with the applicant No. 1, however before marriage, he demanded dowry and for some other grievances she has filed police report. 5.

During pendency of this application, we refer the matter for mediation vide order dated 10.04.2023 as there was element of settlement. In accordance with that, both parties have appeared before the learned Mediator Mrs. Sirpurkar who has mediated and

filed a report. It was decided before the learned Mediator that applicant No. 1 would pay Rs. 3,40,000/- to the informant and she would withdraw all the allegations of existing FIR. The Mediation report has been produced on record. It is informed that Demand Draft of Rs. 3,40,000/- has been deposited with the learned Mediator who supposed to hand over the same to the informant after disposal of this case.

6.

Today, the informant lady is present before us through Video Conferencing. She has been connected through the Laptop in presence of learned APP and Mr. G.I. Dipwani, learned counsel appearing for the informant. Mr. G.I. Dipwani, learned counsel has identified the informant lady who appears to be present through Video Conferencing, on which she accepted the settlement and her no objection to quash the existing FIR 7.

It is pre-matrimonial dispute having no social impact. Since the parties have mutually settled the matter, there is no purpose in continuing criminal prosecution rather the ends of justice would be secured by terminating the criminal prosecution on account

of settlement.

8.

In view of above, application stands allowed. We hereby quash FIR as well as related charge-sheet arising out of Crime No. 3036/2015 for the offence punishable under Sections 3 of the Dowry Prohibition Act, 1961, 354 (D) of the Indian Penal Code and Section 67 of the Information Technology Act. Registered with Police Station City Kotwali, Akola, Tq. and Dsit. Akola on account of settlement.

9.

Learned counsel for applicants would submit that in pursuance of order dated 04.03.2021, the applicants have deposited Rs. 20,000/-, which he requested to use for fruitful purpose. 10.

The Registry shall transmit the amount sum of Rs. 20,000/- to the account of High Court, Legal Aid Sub-committee, Nagpur.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) Gohane JITENDRA BHARAT GOHANE 25.07.2023 10:51