Sagar S/O. Arvind Giri And Others v. State Of Maharashtra Thr. P.S.O. P.S. Ambhazari, Nagpur

1501apl778.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.778 OF 2017 (Sagar s/o Arvind Giri and others vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.D. Kadu, Advocate for applicant no.1.

Shri Karia, Advocate for applicant no.6.

Shri J.Y. Ghurde, Additional Public Prosecutor for respondent.

------ CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ.

DATED : JANUARY 15, 2019 This application is jointly filed by applicant no.1 husband and his wife applicant no.6 for quashing of First Information Report No.184/2017 registered for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code by Police Station, Ambazari, Nagpur. During pendency of application as charge-sheet came to be filed in this crime, application was amended for quashing of the same.

Applicant nos.2 and 3 are parents of applicant no.1 and applicant nos.4 and 5 are his brother and sister-in-law respectively.

Applicant nos.1 and 6 have filed Pursis St.

No. 64/2019 along with terms of compromise, according to which they have settled the matrimonial dispute whatsoever pending between them and on the basis of said terms, divorce proceedings, which were filed before

1501apl778.17 2/2 competent Court at Nagpur also came to be disposed of in terms of compromise.

Having considered above facts, we find that there is no purpose in prosecuting crime, which is admittedly registered on the basis of complaint lodged by applicant no.6, who along with her husband and relations filed application for compounding of offence and for quashing of proceedings.

In that view of the matter and in view of law laid down by the Hon'ble Apex Court in the case of B.S. Joshi and others vs. State of Haryana and another ({2003) 4 SCC 675}, application is allowed in terms of prayer clauses 1, 1-A and 1-AA thereof.

JUDGE JUDGE khj