1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.262 OF 2011 *** 1. Dr. Sanjay Prabhakar Navgiri age 36 years, Occ. Service. 2. Prabhakar s/o Robert Navgiri, age 65 years, Occ. Pensioner. 3- Mrs. Rajani w/o Prabhakar Navgiri, age 60 years, Occ. Pensioner. 4- Miss. Rekha d/o Prabhakar Navgiri, age 38 years, Occ. Business. 5- Ravi s/o Robert Navgiri, age 50 years, Occ. Service. 6- Sau Hira w/o Ravi Navgiri, age 43 years, Occ. Household. All R/o Plot No.26, Pethe Nagar, Bhavsingpura, Aurangabad. Tq. & Dist. Aurangabad. Petitioners. VERSUS 1- Mrs. Abha Sanjay Navgiri @ Abha Devpriyam Madhura age 30 years, Occ. household, r/o 2 c/o Shri Devpriyam Madhura, Plot No.18, Rah Nagar, Katol Road, Nagpur, Tq. & Dist Nagpur. 2- The State of Maharashtra copy to be served on the public prosecutor of the High court of the Judicature of Bombay Bench at Aurangabad.] Respondents. -------------------------------------------------------------------- Mr. A M Gaikwad , Advocate for Petitioners Mr. Hiraji Gaikwad Advocate for Respondent No.1 Mr. B.V.Wagh A.P.P. for Respondent/State Authorities -2 ---------------------------------------------------------------------- CORAM : SHRIHARI P. DAVARE, J. DATE : 19 th JULY, 2011. ORAL JUDGMENT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing. 2. The petitioners have filed present petition under section 482 of the Code of Criminal Procedure and under Article 227 of the 3 Constitution of India, praying that First Information Report dated 19.4.2008 on the basis of which Crime No.I-106/2008, came to be registered with Chhavani Police Station, Aurangabad as well as subsequent proceeding in the charge sheet dated 15.8.2008 bearing No. 139/2008 and the Criminal Proceedings initiated in RCC No. 1347/2008, pending before the learned Judicial Magistrate First Class, Aurangabad be quashed and set aside. 3. The marriage between the petitioner no.1 and respondent No.1 was solemnized at Nagpur on 25.1.2008. After marriage, both of them cohabited at Aurangabad, however since there was marital discord between the petitioner no.1 and respondent no.1, respondent no. 1-wife filed a complaint with Chhavani police station at Aurangabad on 19.4.2008 against the petitioners herein alleging that she was ill-treated by her in laws on account of illegal demand for payment of fees for the D.C.H. course of the petitioner No.1. On the basis of the said complaint, Crime No.I-106/2008 came to be registered with Chhavani Police Station against the present petitioners for the offence punishable 4 under sections 498-A, 323, 504, 506 r/w section 34 of Indian Penal Code. 4. It is contended that the respondent No.1-wife moved an application with the police authorities seeking their help for getting her belongings from her matrimonial house and accordingly her articles were handed over to her on receipt, on 29.4.2008. Moreover, respondent no.1-wife approached the learned Judicial Magistrate First Class and filed Misc. Criminal Case No.669/2008, on 3.5.2008 under the provisions of Protection of Women from Domestic Vioilance Act, separately. 5. Pursuant to the aforesaid complaint dt.19.4.2008, Crime No.I-106/2008, investigation was carried out and police authorities submitted charge sheet before learned Judicial Magistrate First Class, Aurangabad on 15.8.2008 in RCC No.1347/2008. 6. Besides, the respondent no.1-wife approached the Nagpur Bench of this Court by filing Criminal Application No.1878/2009 on 5 24.4.2009 and prayed for the transfer of the Criminal proceedings pending before the learned Judicial Magistrate First Class, Aurangabad to Nagpur. In the meantime, parties arrived at amicable settlement and various terms and conditions were finalized and in pursuance of the said settlement, both the petitioner no.1 and respondent no.1 approached the Family Court, Nagpur and presented Petition No.A-212/2010, seeking dissolution of the marriage by mutual consent on 11.8.2010. Moreover, in view of the said amicable settlement between the petitioner no.1 and respondent no.1-wife produced settlement terms and conditions before the Nagpur Bench of this Court in Criminal Application No.1878/2009 and accordingly said proceeding was withdrawn as compromised on 12.8.2010. In pursuance of the aforesaid petition for dissolution of marriage by mutual consent, filed before Family Court, Nagpur, said court passed judgment and order on 14.2.2011 and thereby declared that marriage between the petitioner no. 1 and respondent no.1 has been dissolved and accordingly decree of divorce was passed by mutual consent. 6 7. It is also contended that in view of the said settlement, petitioner no.1 agreed to pay total amount of Rs.13,00,000/- (Rs. Thirteen lacs) to respondent No.1 and said amount has been deposited by him in the Family Court, Nagpur and respondent No.1 has withdrawn an amount of Rs.8,00,000/- (Rs. eight lacs) therefrom and balance amount of Rs.5,00,000/- (Rs. five lac) is to be withdrawn by the respondent no.1, after quashing of the First Information Report No.I-106/2008. 8. The respondent No.1 who is the first informant/original complainant under Crime No.I-106/2008 and charge sheet No.139/2008 has also filed affidavit-in-reply and supported the contention of the petitioners in the present petition, confirming the above referred settlement between the parties. The petitioner No.1 and respondent N.1 are present today in the court, personally and both of them admit the contents of the present petition and affidavit-in-reply respectively. 7 9. In the light of the aforesaid position, since the matter has been settled between the parties amicably and since the decree of divorce by mutual consent has been passed between the petitioner no.1 and respondent no.1, by the Family Court, Nagpur on 14.2.2011, and since the complainant in Crime No.I-106/2008 i.e. respondent no.1 herein has confirmed the said settlement and categorically stated in paragraph no.4 of affidavit in reply that she has no objection for allowing the present petition, it is amply clear that the continuation of the criminal proceeding would be an hurdle in their life and therefore, there is no propriety in continuing the aforesaid First Information Report and consequent charge sheet filed thereunder and criminal proceedings initiated under RCC No.1347/2008. Hence, same deserves to be quashed and set aside in the interest of justice, by allowing present petition. 10. In the result, present petition is allowed in terms of prayer clause [B] thereof and First Information Report dated 19.4.2008, on the basis of which Crime No.I-106/2008 was registered with Chhavani 8 Police Station, Aurangabad as well as subsequent proceeding in the charge sheet dated 15.8.2008 bearing No.139/2008 and the Criminal Proceedings initiated in RCC No.1347/2008, pending before the learned Judicial Magistrate First Class Aurangabad stands quashed and set aside. Rule is made absolute accordingly. Office to inform to the concerned Court, accordingly. [ SHRIHARI P. DAVARE ] JUDGE ... AAA/262.11