SWAPNIL AND ORS. Vs. NEHA AND ORS.

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) By the present application, applicant no.1husband, applicant nos. 2 and 3 father and motherinlaw of non applicant no.1 have invoked the power of this court under Section 482 of the Code of Criminal procedure for quashing of the criminal proceedings under Section 498A, 323, 504, 506, read with Section 34 of the Indian Penal Code in Regular Criminal Case No. 0404538/2013 pending before the Judicial Magistrate First Class, Chandrapur upon its transfer from Judicial Magistrate First Class, Pune to Judicial Magistrate First Class, Chandrapur, pursuant to the order dated 20.08.2014 in Criminal Application No. 1/2014 decided by this Court.

(3.) In support of the present application, Mrs. Anjali Joshi, learned counsel for the applicants, submitted that non applicant no.1 had lodged FIR with Police Station, Loni Kadbhor, Pune and as such upon investigation, the said Police Station had filed chargesheet in the court of J.M.F.C. Pune. Therefore, Criminal Application No.1/2014 was made by non applicant no.1 in this Court for transfer of the said Criminal Case from Pune Court to Chandrapur Court and this Court by a reasoned order, allowed the transfer of said Criminal Case from Pune to Chandrapur and accordingly, now J.M.F.C. Chandrapur is in seisin of the said criminal case. Mrs. Joshi submitted that non applicant no.1wife is present in the Court today and she has no objection for quashing the FIR as well as present criminal case above mentioned. In addition, she invited our attention to the draft consent terms which were drawn before the Mr. Abhay Bhide, Mediator at this Bench, and submitted that even as per the said draft consent terms and in particular, clause (4) in it is stated that FIR as well as Criminal Case will have to be quashed since the parties have amicably settled the matrimonial dispute. She submitted that as per the draft consent terms, the petition for divorce for mutual consent was also filed before the Family Court at Nagpur and is pending for hearing before the said Court. She submitted that a Demand Draft in the sum of Rs.6,00,000/ towards full and final settlement for mutual divorce has also been deposited with the Family Court for being paid to non applicant no.1wife. She invited our attention to the decision of the apex Court in Gian Singh..vs..State of Punjab and another, 2012 10 SCC 303.