Single bench quashed four criminal applications involving domestic disputes including allegations under Sections 306 and 307 IPC. The court considered a joint request from families to end criminal proceedings after detailed hearing.
Ruled absolute in all prayers to quash criminal applications filed in three writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1453 OF 2019
Gulab Vishnu Datkhile and Ors.
… Applicants
Vs.
The State of Maharashtra and Anr....Respondents
WITH CRIMINAL APPLICATION NO.1454 OF 2019
Prathamesh Ramdas Rajguru … Applicant
Vs.
The State of Maharashtra and Anr.… Respondents
WITH CRIMINAL APPLICATION NO.1455 OF 2019
Gulab Vishnu Datkhile… Applicant
Vs.
The State of Maharashtra ...Respondent
Mr. Hitesh P. Shah for the Applicants.
Mr. S.S. Pednekar, APP for the Respondent – State in APL/1453/2019 and
APL/1454/2019.
Dr. F.R. Shaikh, APP for the Respondent – State in APL/1455/2019.
CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.
DATE : 26th NOVEMBER 2019.
P.C.:
1Applicant in APL No.1453 and 1455 of 2019 Shri Gulab is
father of daughter. He is praying for quashing of proceedings initiated
against him by son-in-law in APL No.1453 of 2019 and mother of son-in-
law in APL No.1455 of 2019.
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2In APL No.1454 of 2019 that son-in-law is applicant and he is
praying for quashing of FIR lodged against him by his father-in-law viz.
Gulab.
3The learned APP has strongly objected to any intervention in
the matter. They point out that offences registered are of grave and serious
nature. The offence against Gulab is under section 306 IPC since father of
son-in-law viz. Ramdas committed suicide. They also submit that Gulab
was attacked on head with sword by his son-in-law and that for that,
offence under section 307 IPC has been registered.
4After hearing of concerned and after interrogating parties in
person namely Shri Gulab, his daughter Pratiksha who happens to be wife
of Prathamesh, Prathamesh and mother of Prathamesh, we have also taken
note of fact that wife of Gulab is present and she also requests the Court to
quash all offences.
5It appears that the affair between Prathamesh and his daughter
was not being liked by Gulab and as such there was some quarrel and
dispute. He threatened Ramdas (father of Prathamesh) and the State claims
that because of those threats, Ramdas committed suicide. State also points
that Prathamesh has attacked Gulab with Sword on head.
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6All these developments are before marriage of Prathamesh
with Pratiksha.
7Prathamesh and his wife are present in Court. They are staying
together since last two years. It is in their interest that both families have
decided to put an end to all criminal matters. The families have no criminal
background.
8In this situation, accepting joint request, we make Rule
absolute in terms of prayer clause (a) in Criminal Application Nos.1453 of
2019, 1454 of 2019 and 1455 of 2019.
(SMT. SADHANA S. JADHAV, J.)
(B. P. DHARMADHIKARI, J.)
1 issue framed by the court
Whether to quash criminal proceedings initiated by family members against each other arising from domestic dispute.
Gulab Vishnu Datkhile
Prathamesh Ramdas Rajguru
The State of Maharashtra
B. P. Dharmadhikari
Smt. Sadhana S. Jadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court