1 43 application 1427-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

43 CRIMINAL APPLICATION NO.1427 OF 2020

MAHENDRA S/O. MAHADU GAWALI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR

...

Advocate for Applicants : Mr. A. K. Bhosle

APP for Respondent no.1-State: Mr. S. S. Dande

Advocate for Respondent no.2 : Mr. N. N. Desale

….

CORAM : V. K. JADHAV AND

SANDIPKUMAR C. MORE, JJ.

DATED : 17th JANUARY, 2022.

....

P. C. :

1.

Heard finally with consent at admission staee.

2.

The applicants / accused are seekine quashine of the

F.I.R. bearine Crime No. 16 of 2020, reeistered with

Osmanpura Police Station, Auraneabad, for the offence

punishable under Section 498-A, 323, 504, 506 read with 34

of IPC and Section 3 and 4 of the Dowry Prohibition Act.

Applicants are also seekine quashine of the proceedine bearine

R.C.C. No. 1148 of 2020, pendine before Judicial Maeistrate

(First Class), Auraneabad.

2 43 application 1427-20

3.

Learned counsel for the applicants and the learned

counsel appearine for respondent no.2 informant submit that

the parties have arrived at amicable settlement and it is aereed

that applicant no.1 / husband should pay an amount of

Rs.14,00,000/- (Rs. Fourteen lakhs) towards permanent

alomony throueh demand drafts in three installments. It is

submitted that applicant no.1 has already paid Rs.5,00,000/-

(Rs. Five lakhs) on 30th Aueust, 2021 and the counsel for the

applicants has handed over the demand draft of Rs.5,00,000/-

(Rs. Five lakhs) to the counsel representine respondent no.2 /

informant before the court. So far as the balance amount of

Rs.4,00,000/- (Rs. Four lakhs) is concerned, the same is

aereed to be paid after obtainine the decree of divorce before

the Family Court. Learned counsel appearine for the parties

have pointed out to us that the said HMP No. 1096 of 2020,

filed under Section 13(b) of Hindu Marriaee Act for decree of

divorce on mutual consent. It is also informed that the terms

and conditions are worked out and reduced into writine.

Learned counsel submit that the said compromise is already

submitted before the Family Court and the contents thereof

3 43 application 1427-20

are reproduced in the affidavit in reply in para no.7, filed by

respondent no.2 informant before this court.

4.

We have carefully eone throueh the affidavit of

respondent no.2. It appears that parties have arrived at

amicable settlement and decided to end their marital relations

permanently. It further appears that certain amount is aereed

to be paid to respondent no.2 informant towards the

permanent alimony and out of that amount, substantial

amount has already been paid to her.

5.

In the case of Gian Sineh vs. State of Punjab and others,

reported in (2012) 10 SCC 303, the Supreme Court in para 48

has quoted para 21 of the judement of the five-Judee Bench of

the Punjab and Haryana Hieh Court delivered in Kulwinder

Sineh v. State of Punjab (2007) 4 CTC 769. The five-Judee

Bench of the Punjab and Haryana Hieh Court, in para 21 of

the judement, has framed the euidelines for quashine of the

criminal proceedine on the eround of settlement. Para 21 of

the said case of Kulwinder Sineh is reproduced by the

4 43 application 1427-20

Supreme Court in para 48 of the judement in Gian Sineh.

Clause 21(a) which is relevant for the present discussion reads

as under :

“21. ….. (a) Cases arisine from matrimonial

discord, even if other offences are introduced for

aeeravation of the case.”

6.

In para No.61 of the case Gian Sine