The main legal point established in the judgment is the need for the Court to scrutinize the material and give the verdict in accordance with the law, rather than solely relying on the joint request of the parties to quash the chargesheet.

JUDGMENT :

V.M. Deshpande, J.

1. Rule. Rule is made returnable forthwith heard finally.

2. This is an application under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report together with the final report filed by Police Station Officer, Sakkardara, Nagpur in Crime No.196/2013 for the offence punishable under Section 304-A of the Indian Penal Code.

3. Heard Shri N.S. Deshpande, learned counsel for applicant No.1, Shri N.R. Bhisikar, learned counsel for applicant No.2 and Shri S.M. Ghodeswar, learned Additional Public Prosecutor for State and also perused the chargesheet annexed with application.

This application is a joint application moved by accused (applicant no.1) and the first informant (applicant no.2) on the ground that during the pendency of the trial before the Court, the applicant No.2 realized that death of his wife, deceased Swati, is a part of destiny which is beyond human control. The applicant No.1- Doctor states on oath that she has a complete realization of the loss caused to the applicant no.2 as well as his daughters. Therefore, they approached to this Court by invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure and jointly prayed that the charge-sheet as well as the Summary Criminal Case No.327763/2013 pending on the file of learned Judicial Magistrate First Class, Corporation Court No.1, Nagpur be set aside.

4. Both the learned counsel submitted that for the reasons stated in application as referred in earlier paragraph of this judgment they reached to amicable settlement therefore, this application be allowed as prayed. The learned Additional Public Prosecutor opposed the application.

5. The powers of this Court while exercising its jurisdiction under Section 482 of the Code of Criminal Procedure are, though very wide, those will not be exercised by this Court just for asking. The Court exercises its powers under Section 482 of the Code of Criminal Procedure sparingly and only when it is brought to the notice of Court that there is gross abuse of process of law. Also, when it is noticed by the Court that the applicant, who is invoking the powers, is being hounded by the State authorities by giving complete go bye to the settled principles of law, surely the Court will exercise its jurisdiction. Similarly, if it is noticed by the Court that the investigation of a crime is not on the touchstone of the principles of law and there is a bleak possibility of recording conviction, in such an event, in order to save public time and public money, the Court will grant relief by passing an appropriate order.

6. However, merely because the parties are coming to the Court and praying jointly that the charge-sheet or the criminal case should be quashed, on the ground that the matter stands compromised in between them, the Court will not allow their joint plea by exercising the powers under Section 482 of the Code of Criminal Procedure. Such parties must demonstrate that continuance of the proceedings is sheer abuse of process of law and it would be wasteful of the public time and money.

7. Now, let us examine the prosecution case to reach to a conclusion as to whether in the facts and circumstance of the prosecution case, which are brought on record in the nature of the final report under Section 173 of the Code of Criminal Procedure. In the light of material containing chargesheet, whether the case in hand is a case in which the Court should exercise its inherent jurisdiction, as prayed for.

8. Entire copy of charge-sheet is placed on record and we have an advantage of perusing the same.

9. The applicant No.2 set the criminal law into motion by approaching to the Police Station, Sakkardara, Nagpur on 26.09.2013. As per the First Information Report, non-applicant No.2 was married with Swati in the year, 2011 as per Hindu rites and customs. During their matrimony, Swati conceived and the applicant No.2 used to take Swati in the hospital, known as