2013 ALL MR (Cri) 3557
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
A.P. LAVANDE AND A.B. CHAUDHARI, JJ.
Murlidhar Mukundrao Barhanpure & Ors. Vs. Smt.Priti W/O. Amol Barhanpure & Anr.
Criminal Application (APL) No. 50 of 2013
8th February, 2013
Petitioner Counsel: Mr. S.R. DESHPANDE
Respondent Counsel: Mr. N.A. GAIKWAD, Mrs. DESHMUKH
Criminal P.C. (1973), S.482 - Quashing of FIR - Complaint of cruelty arising out of matrimonial discord between parties - Subsequent settlement - Amount of Rs.12,50,000/- payable to wife already deposited in court and would be made over to her after decree of divorce - FIR liable to be quashed.
4. This FIR as well as Criminal Case arose out of the matrimonial discord between the wife and husband. Now, individual affidavits have been filed by wife and husband as well as relatives of the husband to the application and there is a narration in the affidavits that they have settled the dispute amongst themselves. In paragraph no.3 of the affidavit of the respondent/wife, it has been stated that an amount of Rs.12,50,000/- payable to the wife, respondent no.1 herein, has been deposited in this court, which obviously would be made over to her after disposal of this application so also after passing of the decree of divorce by the competent Family Court. Statements made in these affidavits are accepted.
5. We have questioned the husband and wife both about the correctness of the affidavits. We are satisfied that the offences under the instant FIR would fall within the parameters, by which compounding and quashing FIR can be allowed, in terms of the decision of the Apex Court in the case of Gian Singh ..vs.. State of Punjab and anr. Reported in 2012(9) SCALE 257 : [2013 ALL SCR 171]. Therefore, in our considered opinion, this is a fit case in which the application deserves to be allowed. Hence, we pass the following order.
Rule is made absolute in terms of prayer clause (1) of the Criminal Application.
No order as to costs.