Kiran Kawre

5089 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.5089 OF 2021

Hemraj Pralhad Nirmal

… Petitioner

Vs.

The State of Maharashtra And Anr.

… Respondents

-------

Mr. Omneel Ashok Jadhav, Advocate for the Petitioner.

Mr. R. A. Mohite, Advocate for Respondent No.2.

Ms. S. D. Shinde, APP for Respondent-State.

-------

CORAM :

PRASANNA B. VARALE &

S. M. MODAK, JJ.

DATE :

2^nd May, 2022

P.C. (Per S. M. Modak, J.) :-

1.

Heard Mr. Omneel Ashok Jadhav, learned advocate for the

Petitioner, Mr. R. A. Mohite, the learned advocate for Respondent No.2

and Ms. S. D. Shinde, APP for Respondent-State.

2.

This is a Petition for quashing by consent preferred by the

Petitioner husband and Respondent No.2 wife. There is an offence

registered at C. R. No.1099 of 2017 for the offence punishable under

Section 451, 323, 504, 506 on 2^nd May, 2017 on the complaint of

Respondent No.2. The present Petitioner is a sole accused. Their marriage

1/3

Kiran Kawre

5089 of 2021.doc

was inter caste marriage. It was solemnised in the year 2007. In the year

2011, she has lodged a Police complaint with Panvel Police Station for

offence under Section 498-A since 2012. She is residing along with her

son at Ratnagiri. The incident took place on 13^th April, 2017 at about 4.30

hrs. The Petitioner entered in the house of first informant and abused her

and caused hurt to her that is why, the offence came to be registered.

Charge sheet is filed in that offence and it is registered as Sessions Case

No.24 of 2019.

3.

Apart from this, the Petitioner also abused the Respondent

No.2 on account of cast and other abuses. It happened during the period

of 1^st September, 2016 up to 30^th April, 2017, FIR came to be lodged on

10^th June, 2017 bearing No.281 of 2017 with Ratnagiri city Police Station.

Charge sheet is also filed, which is numbered as special case No.3 of 2017.

The Additional Sessions Judge, Ratnagiri as per the Order dated 18^th June,

2019 has merged case No.24 of 2019 in Special Case No.3 of 2017. Its

copy is filed on record. Apart from that, there were also proceedings for

maintainance before the Magistrate Court, Panvel. There was an Order to

pay Rs.5,000/- towards monthly maintainance till 18^th February, 2020.

The Petitioner has paid Rs.1,20,000/- to Respondent No.2. The pending

arrears are Rs.3,00,000/-. It is paid by demand draft (DD). Additionally a

2/3

Kiran Kawre

5089 of 2021.doc

DD for Rs.3,00,000/- is issued in favour of Respondent No.2. The agreed

amount of permanent alimony as per settlement is Rs.6,00,000/-. The

custody of son Arnav will remain with Respondent No.2.

4.

They have decided to file a Petition for divorce by mutual

consent. Respondent No.2 has agreed to co-operate for quashing. She has

also filed an affidavit. As the parties have settled the dispute, no purpose

will be served by keeping the prosecutions pending. As the Respondent

No.2 belong to reserved category, there was invocation of Prevention Of

Atrocities on Schedule Caste and Schedule Tribe Act, but now they have

settled the matter, we are inclined to quash the prosecution. Hence the

Order:-

ORDER

a)

Criminal Writ Petition No.5089 of 2021 is allowed.

b)

Sessions Case No.24 of 2019 for the offence punishable under

Sections 451, 323, 504, 506 arising out of Crime No.199 of

2017 is quashed and set aside.

c)

Sessions Case No.3 of 2017 for the offence punishable under

Section 3(1), 3(r), 3(s), 3(u) of Schedule Cast and

Schedule Tribe Act, and under Sections 504 & 506 of IPC

arising out of 281 of 2017 is quashed and set aside.

(S.M. MODAK, J.)

(PRASANNA B. VARALE, J.)

3/3