Ravindra S/O Mallaiah Poonam And 2 Others v. The State Of Maharashtra Thr. Pso Ps Gittikhadan Nagpur And 2 Others
2024:BHC-NAG:3168-DB 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 322 OF 2024 1.
Ravindra Mallaiah Poonam, A/a- 55 yrs, Occu-Business, R/o- 10-03-333/1, Vidya Nagar, Karimnagar, Telangana505001.
2.
Vandish Chandrakant Pandit, A/a-51 Yrs, Occup.Business, R/o Flat No.T-2, Eklavya Estate, Jaitala Road, Near Hanuman Mandir, Sumit Nagar, Nagpur-440022.
3.
Santosh Kumar Masangoni Narsaiah, A/a-47 yrs, Occup.Business, R/o 2107/14/B, Sai Balaji Nagar, Seethatampur, Karimnagar, Telangana505001.
Applicants -Versus1.
State of Maharashtra, through Police Station Officer, Police Station Gittikhadan, Nagpur.
2.
Pavan Sampath Gattikoppula, A/a-30 Yrs, Occup.Service, R/o Flat No.908, 9th Floor, Rachana Nakshatra Apartment, Near Jagdish Nagar Fire Engineering College,Hajaripahad,Gittikhadan, Nagpur.
3.
Monika D/o Ravindra Poonam, A/a-28 Yrs, Occup. Service, R/o- Flat No.908, 9th Floor, Rachana Nakshatra Apartment, Near Jagdish Nagar, Fire Engineering College, Hajaripahad, Gittikhadan, Nagpur.
Non-applicants
2/4 --------------------------------------------------------------------------- Mr.Suyog Deshpande Advocate h/f Mr. R.Borwankar, Advocate for the applicants.
Mr.S.V.Narale, APP for non applicant No.1.
Mr.A.R.Kalele, Advocate for non-applicant No.2. --------------------------------------------------------------------------- CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ.
DATE : 13th March, 2024 ORAL JUDGMENT (Per : Vinay Joshi, J.) Heard.
2.
Admit. The criminal application is heard finally with the consent of the learned counsel for the parties. 3.
This is an application seeking to quash the First Information Report bearing Crime No.14 of 2024 registered with Police Station Gittikhadan district Nagpur City for the offence punishable under Section 365 r/w 34 of the Indian Penal Code. 4.
The case has it's own peculiar facts as a son-in-law has filed a report against father-in-law alleging that the later has abducted his own daughter. The informant Pavan got married with one Monika perhaps against wishes of her parents and other relatives. After marriage Pavan and Monika started to live
3/4 separately. Informant Pavan alleges that on 09.01.2024 around 10.00 a.m his father-in-law i.e. applicant No.1-Ravindra along with other relatives have abducted Monika and therefore, the report. 5.
Since, the parties are closely related to each other, with the intervention of the relatives the matter has been amicably settled. The informant as well as the person, who was abducted (Monika) have appeared and filed affidavit stating that the dispute has been settled and they do not wish to prosecute further. It is apparent that the marriage of informant with Monika was not approvable to the applicant, who is father of Monika. It appears that out of anger, applicant No.1 took away his own daughter for which report has been lodged.
6.
The parties arrived on settlement, wherein the applicant No.1 (father of Monika) realised the reality and stated that he would not interfere into the life of couple. On such assurance, informant has agreed for giving no objection for quashing of the First Information Report. It was a purely dispute between family on misunderstanding. The offence cannot be stated to be serious or heinous. Rather, pendency of criminal prosecution may become an
4/4 obstacle in the married life of informant and his wife. In the circumstances, we deem it necessary to exercise our inherent powers.
7.
In view of above, the application is allowed and disposed of. We, hereby quashed and set aside the First Information Report bearing Crime No.14 of 2024 registered with Police Station Gittikhadan district Nagpur City for the offence punishable under Section 365 r/w 34 of the Indian Penal Code. (VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 15/03/2024 10:46:53