RAKESH LILARAM ROHIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the respective parties. Perused the record. Rule. Respondent No.2 has filed affidavit-in-reply.

(2.) The Petition is heard, at length, for final disposal at the admission stage itself.

(3.) The Petitioner, as a widower and Respondent No.2 as a divorcee, got married on 14/07/2006, at Thane and at that time the Petitioner had a daughter of 10 years of age from his first wife. On or about 27th August, 2007 i.e. after one year of co-habitation, the parties approached the Court of learned Civil Judge, Senior Division, at Thane with a Petition for divorce by the mutual consent. However, on or about 30th September, 2007, Respondent No.2 filed an application before the learned Civil Judge, Senior Division, at Thane, alleging that the consent, for obtaining divorce, was under duress and therefore, she raised objection. On or about 9th February, 2008, the Petitioner approached the Family Court and submitted a Petition for divorce. On 26th March, 2008 he approached the Powai Police Station and filed C.R. No. 197 of 2008 against his wife (Respondent No.2) for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code (IPC). The wife, approached the Nashik-Road Police Station and filed C.R. No.215 of 2008 against the Petitioner for the offences punishable under Sections 498-A, 306 of the IPC. Both of them approached this Court in Criminal Application No. 1684 of 2008 and Criminal Application No. 1783 of 2008 respectively for Anticipatory Bail. By a common order dated 12th August, 2008, both the Applications were disposed off in terms of the consent terms. The Petitioner-husband, agreed to deposit an amount of Rs.5,00,000/- (Rupees five lacs only) with the Registrar of this Court and the said amount was transferred to the Family Court. Both of them gave consent for quashing of the FIR registered against each other i.e. C.R. No. 197 of 2008 registered at the instance of the husband and C.R. No.215 of 2008, registered at the instance of the wife and therefore, by the said order dated 12/08/2008 both the C.R.s came to be quashed by invoking the inherent powers under Section 482 of the Cr.P.C. and therefore, the anticipatory bail applications did not survive-However, this Court observed that if the husband failed to deposit Rs.5,00,000/- within four weeks, the order would stand automatically cancelled and both the C.R.s would stand revived.