Pramod S/O Parbatrao Dhapke And 4 Others v. State Of Mah., Thr. Pso Kotwali Dist Nagpur And Another

1 apl1181.2019..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) 1181 OF 2019 (Pramod s/o.Parbatrao Dhapke and ors..vs.. The State, thr PSO, Kotwali, Nagpur & anr) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A.M.Jaltare, counsel for applicants.

Mr. S.S. Doifode, APP for non-applicant 1/State. Mr. M.V. Amale, counsel for non-applicant 2.

CORAM: ROHIT B. DEO AND ANIL L. PANSARE , J J.

DATE: 06.09.2022 The application seeks quashment of Crime 186/2009, registered with Police Station Nandanvan, Nagpur, for offence punishable under section 498-A read with section 34 of Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, 1961 and the final report in Regular Criminal Case 303726/2009, dated 2.11.2009, on the ground that the parties have amicably settled the matrimonial dispute and keeping the prosecution pending shall be an empty formality and result in an unnecessary agony and wastage of judicial time. 2.

Applicant 2 has expired during the pendency of the application.

3.

We have interacted with respondent 2 Mrs. Kanchan

2 apl1181.2019..odt Dhapke who confirms that the dispute is amicably settled. We therefore, quash Crime 186/2009, registered with Police Station Nandanvan, Nagpur, for offence punishable under section 498-A read with section 34 of Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions: (i) The amount of Rs. 20,000/- (Rupees Twenty Thousand) which is deposited by the applicants in this Court shall be transferred to the account of the Police Welfare Fund, Nagpur;

(ii) The amount of Rs. 10,00,000/- (Rupees Ten lacs) which is deposited by the applicants in the Court of the Chief Judicial Magistrate, Nagpur shall be withdrawn with interest accused, by the non-applicant 2. 4.

The application is disposed of in the aforestated terms.

(ANIL L. PANSARE, J.) (ROHIT B. DEO, J.) Belkhede RAVINDRA SURESHRAO P.A. to the Hon'ble Judge