1 jg.apl 704.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 704 of 2017
(1) Samir S/o Suresh Kamlakar Aged about 42 years,
Occupation : Service,
(2) Smt. Ashalata Wd/o Suresh Kamlakar, Aged about 70 years,
Occupation : Retired,
(3) Amit S/o Suresh Kamlakar Aged about 41 years, Occupation : Business,
(4) Mrs. Minal W/o Amit Kamlakar Aged about 36 years,
Occupation : Household, All R/o. Flat no. 201, Durga Vihar Apartment, Plot No. C-4, Near Kali Mandir, Hill Top, Ramnagar, Nagpur-33. ..... Applicants // Versus //
(1) The State of Maharashtra Through Police Station Officer, Ambazari, Nagpur, District Nagpur.
(2) Sau. Samruddhi Samir Kamlakar, Aged 40 years, Occ. Service, R/o. Rutuganga Apartments, Plot No. 26, nag Housing Society, New Varma Layout, Opposite Kaya Beauty Parlor, Ambazari, Nagpur. ..... Respondents
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Shri R. M. Patwardhan, Advocate for the applicants Shri I. J. Damle, Additional Public Prosecutor for respondent no. 1 Shri J. D. Bastian, Advocate for the respondent no. 2
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
Date : 22/2/2018. Oral Judgment (Per : R. K. Deshpande, J.)
Admit. Heard finally by consent of the learned counsels appearing for the parties.
2. This application challenges F.I.R. No. 179 dated 27-5-2014 registered for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code against the applicants and also the prosecution pending in the Court of the Chief Judicial Magistrate, Nagpur vide Criminal Case No. 3499/2014. Notice was issued in this matter. All the respondents are served. The respondent no. 2 - the original complainant is represented by learned counsel Shri J. D. Bastian who states that the respondent no. 2 is personally present before this Court and the .....3/-
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matter has been amicably settled between the parties. Our attention is invited to paragraph nos. (1), (2) and (5) of Annexure-I to the petition which are terms of settlement filed in Criminal Application No. 2126/2014 jointly by the applicant no. 1 as well as the respondent no. 2 - complainant before the Judicial Magistrate First Class, Nagpur which are stated as under :
(1) That the Applicant Mrs. Samruddhi Sameer Kamlakar and Non-applicant No. 1 Sameer Suresh Kamlakar has mutually decided to dissolve their marriage dated 26-06-1999 by taking divorce by mutual consent, voluntarily and as per their free will and conscience by moving appropriate Petition before Hon'ble Family Court at Nagpur under Section 13(b) of Hindu Marriage Act.
(2) That the custody of the Child Master Anchit shall remain with the mother Applicant Mrs. Samruddhi Kamlakar forever.
(3) ------
(4) ------
(5) That the Applicant Mrs. Samruddhi Sameer Kamlakar filed Criminal Case Under Section 498(A) of .....4/-
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IPC against the Non-applicants No. 1 to 4 and same is pending on the file of Chief Judicial Magistrate, Nagpur, bearing Criminal Case No. 3499/2014 (State …. v/s.... Sameer Kamlakar and three others) and the Applicant Mrs. Samruddhi Sameer Kamlakar specifically agreed to withdraw the said prosecution unconditionally by moving appropriate application before the Hon'ble Chief Judicial Magistrate, Nagpur or before Hon'ble High Court, Nagpur in the proceeding of quashing of prosecution. Thereafter on 11-1-2016, the parties filed joint pursis in the Court of Judicial Magistrate First Class, Nagpur in the proceedings under Protection of Women from Domestic Violence Act. The contents of said pursis are reproduced below.
"1) That, the Applicant filed present proceeding against the Non- Applicants UNDER SECTION 17, 18, 19, R/W 23
OF THE PROTECTIOHN OF WOMEN FROM FROM
DOMESTIC VIOLENCE ACT, before the Hon'ble Chief Judicial Magistrate, Nagpur and same is allotted to this Hon'ble Court as a Special Court Under Protection of Woman from Domestic Violence Act.
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2) That during the pendency of this proceeding, the matter was referred for mediation before the Hon'ble 5th Adhoc District Judge, Nagpur. That, with due mediation by the Hon'ble 5th Adhoc District Judge, Nagpur, the Applicant and the Non- applicant No.1 have jointly decided to settle their dispute. That in view of said amicable settlement the Terms and Condition of the said said settlement reduce in writing before the Hon'ble 5th Adhoc District Judge, Nagpur, and Honble 5th Adhoc District Judge, Nagpur, vide his report dated 03.09.2015 remanded the matter to this Hon'ble Court for further proceeding.
3) That as per the terms and condition of the said settlement, the Non-applicant No. 1 depositing Rs. 9,00,000/- (Rupees Nine Lac Only) towards one time settlement amount / life time maintenance / permanent alimony in the Court for the Applicant Mrs. Samruddhi Sameer Kamlakar and her son Anchit.
4) That, aforesaid one time settlement amount / life time maintenance / permanent alimony amount Rs. 9,00,000/- is duly Deposited in the Court of Hon'ble Chief Judicial, Magistrate, Nagpur vide (1) C No. 276/2015 dated 22.09.2015 Rs. 2,29,000/- & (2) C No. 281/2015 Dated 28.09.2015 Rs. 6,71,000/-.
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5) That, the Non-applicant withdrawal the aforesaid one time settlement amount / life time maintenance / permanent alimony amount Rs. 9,00,000/- from the Court of Court of Hon'ble Chief Juidicial, Magistrate, Nagpur, on 03.10.2015.
Hence this Pursis."
3. The respondent no. 2 is personally present before us and we asked her whether she wanted to proceed against the applicants to prosecute them for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code, she states that there is already a settlement arrived at between her and the applicants and terms of settlement were reduced into writing. She further submits that she would file appropriate proceeding to implement the terms. She submits that she has received the amount of one time settlement of Rs. 9 Lakhs and, therefore, she does not want to proceed with the prosecution in question.
4. In view of the decision of the Apex Court in the case of
Narinder Singh and ors. Vs. State of Punjab and anr. reported in .....7/-
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(2014) 6 SCC 466, the proceedings are required to be quashed. In view of the above, the application is allowed in terms of prayer clause (i) of the application which is reproduced below.
(i) quash and set aside the prosecution of the Applicants initiated by the Respondent no. 2 by virtue of F.I.R. No. 179/2014 dated 27.05.2014 which has resulted in prosecution of the Applicants under Section 498-A, 34 of I.P.C. and the same is pending for final disposal before the Chief Judicial Magistrate, Nagpur vide Criminal Case No. 3499/2014 (Annexure No. 2) and the Applicants may be set at liberty in the interest of justice.
JUDGE JUDGE
wasnik ...../-
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