Allowed

Vilas S/O Ganpatrao Dhole and Another v. State of Mah. Thr. Pso Ps Gitti Khadan Nagpur City Nagpur and Another

Bombay HC28 Sept 2021APL/58/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Nagpur allowed the criminal application and quashed the FIR and criminal case involving dowry harassement allegations. The court relied on a prior divorce settlement and decree, finding no surviving grievance.

What did the court decide?

The Criminal Application was allowed; FIR No.535/2013 and proceedings in Regular Criminal Case No.303486/2014 were quashed and set aside.

Vilas S/O Ganpatrao Dhole and Another Vs State of Mah. Thr… — Dowry and Cruelty | Bombay HC (2021)

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APL58.21.J

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR, NAGPUR.

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CRIMINAL APPLICATION (APL) NO. 58 /2021

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1. Vilas s/o Ganpatrao Dhole Aged 44 years, occu: Electrician

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1. Smt. Kamlabai wd/o Ganpatrao Dhole Aged about 70 years, occu: Household

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Both R/o Plot No.160, Behind Hanuman Mandir Ganesh Nagar, Dhaba, Police Station Gitti Khadan, Nagpur. ..APPLICANTS

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v e r s u s

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State of Maharashtra Through Police Station Officer, Police Station Gitti Khadan Nagpur City Nagpur vide FIR No.535/2013

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Sau. Sonali w/o Vilasrao Dhole C/o Narayan s/o Vitthalrao Kamdi Aged 35 years, occu: Household R/o Village Kharala, Post Lohari (Sawanga) Tah. Narkhed Dist. Nagpur. .. RESPONDENTS

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Mr A. K Bhangade, ,Adv.for applicants Mr. T.A. Mirza, APP for respondent no.1 Respondent No.2 served

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CORAM : V. M. DESHPANDE &

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AMIT B. BORKAR, JJ DATED : 28^th September, 2021.

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APL58.21.J

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ORAL JUDGMENT: (PER AMIT B. BORKAR, J.)

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1 . Rule . Rule is made returnable forthwith. Heard finally with the consent of respective parties.

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This Application under Section 482 of the Code of Criminal Procedure is filed challenging the registration of First Information Report bearing No.535/2013 dated 13.12.2013 for offence punishable u/s 498A, 406 r/ws, 34 of the IPC and Section 3 and 4 of the Dowry Prohibition Act as well as Regular Criminal Case No. 303486/2014 pending on the file of Judicial Magistrate, First Class, Court No.10, Nagpur.

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The First information report came to be registered against the applicants with the accusation that the applicants physically and mentally harassed the non-applicant no.2 on the ground of nonpayment of dowry of Rs. 2 lakhs. The Investigating agency after completion of investigation has filed charge-sheet against the applicants.

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During the pendency of the proceedings against the applicants, the applicant no.1 and non-applicant no.2 have mutually arrived at settlement of their dispute in Family Court No.1, Nagpur for the decree for divorce in Application No.992/2016. In paragraph 4 of the order passed by Family Court No.1 Nagpur, it has been stated that the non-applicant no.2 has agreed to settle the dispute on

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APL58.21.J

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payment of proper alimony and future maintenance of Rs. 2,35,000.

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This Court by order dated 14.1.2021 issued notice to non-applicant no.2 recording settlement arrived at between the parties. The non-applicant no.2. However, inspite of service he had had not appeared before this Court. On 30^th August,2021, this Court therefore adjourned the matter giving one more opportunity to the nonapplicant no.2. Today, the non-applicant no.2 is not present either personally or through an Advocate.

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We have carefully scrutinised the allegations in the FIR and the material in the form of charge sheet. We have also perused the decree for divorce passed in Application No.992/2016. On careful consideration of the same, we are satisfied that the offence alleged against the applicants are personal in nature.

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In Madan Mohan Abbot vs. State of Punjab : (2208) 4 SCC

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582, the Apex Court taken a view that in case of dispute between the parties in relation to offence which are personal and the chances of success are bleak, the prosecution needs to be quashed, so that time was saved and it can be utilized for some other prosecution case. We are satisfied that in view of the decree of divorce passed in Application No.992/2016, the FIR can be quashed in absence of non-applicant no.2 as from the statement in paragraph 4 of the Application and the very

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APL58.21.J 4

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nature of decree of divorce passed by the Family Court, the grievance of non-applicant no.2 no longer survives. We are, therefore, of the opinion that the prosecution against the applicants would amount to abuse of the process of Court. Hence we pass the following order :

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ORDER

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i) Criminal Application is allowed. ii) FIR No.535/2013 dated 13^th December, 2013 for offence u/s 498A, 406, read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act so also the proceedings in Regular Criminal Case No.303486/2014, is quashed and set aside.

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iii) Rule is made absolute in the aforesaid terms.

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JUDGE JUDGE

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sahare

Vilas S/O Ganpatrao Dhole and Another v. State of Mah. Thr. Pso Ps Gitti Khadan Nagpur City Nagpur and Another

Case brief

What is this about?

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Vilas S/O Ganpatrao Dhole and Another v. State of Mah. Thr. Pso Ps Gitti Khadan Nagpur City Nagpur and Another

Case brief

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What did the court decide?

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