PRAVEEN MAROTRAO Vs. MANISHA PRAVEEN DHANDRE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent both the sides are heard for final disposal.

(2.) Learned A.P.P. is also heard.

(3.) Present proceeding is filed under section 482 of the Code of Criminal Procedure for quashing of the charge sheet of R.C.C. No. 376/2005 and the proceeding of private complaint bearing R.C.C. No. 107/2003. In the first case, respondent No. 2, the wife was the complainant and on the report given by her, investigation was made and charge sheet was filed. In that case, the allegations are made that some household articles and ornaments etc. remained with the husband and he was not returning those articles. The charge sheet is filed for offence punishable under section 406, 420 and section 34 of the Indian Penal Code. In the private complaint viz. R.C.C. No. 107/2003, there are allegations that ill-treatment was given. Threats were given and assault was made and it is for offence punishable u/s 498A, 504, 325, 504 of the Indian Penal Code. It was submitted by the Id. Advocates of petitioners and respondent No. 1 that the parties have settled the dispute and in the past Criminal Application No. 2731/2008 and 1212/2007 were filed in this Court and it was informed to this Court that such compromise has taken place. Thus the proceedings were withdrawn as the parties thought that the proceeding before the trial Court can be disposed off on the basis of such compromise. As one case is police case, it is not possible for private party to withdraw it. The second case involves offence punishable u/s 498A of the Indian Penal Code which is non-compoundable and so the accused will be required to face the trial. In view of this circumstance, they have again come to this Court for relief of quashing of two proceedings. Petitioner No. 1 is the husband of respondent No. 1 and other petitioners are relatives of petitioner No. 1. Both the cases were filed out of matrimonial dispute. As the parties have settled their dispute amicably and they have separated and they want to lead peaceful life, this Court holds that the power u/s 482 of the Code of Criminal Procedure needs to be used. So, the order.