Gangadhar Ramchandra Harde v. State of Maharashtra
2013-01-31
A.B.CHAUDHARI, A.P.LAVANDE
body2013
DigiLaw.ai
JUDGMENT A.P. LAVANDE, J. Heard Ms Shweta Gajbhiye, learned counsel for applicant, Mr. R.S. Nayak, learned APP for State/respondent no. 1 and Ms Rohini Khapekar, learned counsel for respondent no. 2. 2. Rule. Rule is made returnable forthwith. By consent of the parties heard finally. 3. By this application, filed under section 482 of Criminal Procedure Code, the applicant seeks following reliefs: "a) Quash and set aside the order dated 06.08.2010, passed below Exh.13 by the learned District Judge 8 and Addnl. Sessions Judge, Nagpur in Criminal Appeal No. 85 of 2008 at Annexure-C; b) Further be pleased to quash and set aside the judgment and order of conviction of the applicant dated 20.02.2008 passed by the learned trial court 20th Judicial Magistrate First Class, Corporation Court No.1, Nagpur in Regular Criminal Case No. 479 of 2001 at Annexure-B." 4. The applicant is the husband of respondent no. 2 who has been convicted by the Court of Judicial Magistrate First Class Corporation Court No.1, Nagpur in Regular Criminal Case No.479/2001 for the offence punishable under section 498-A of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. The prosecution was launched at the instance of respondent no. 2. Thereafter, applicant and respondent no.2 filed consent terms before Family Court, Nagpur by which divorce has been granted. The terms of compromise inter alia provides that some property would be allotted to respondent no. 2 by the applicant. 5. Applicant and respondent no. 2 have been identified by their respective counsel. Respondent no. 2 who is present in the Court has stated that pursuant to the consent terms gift deed has been executed by the applicant in her favour. Learned counsel appearing for the applicant and respondent no. 2 submit that they have mutually settled the dispute between them by getting divorce and prayed that the conviction of applicant in terms of judgment and order dated 20.02.2008 passed by the learned trial Court 20th Judicial Magistrate First Class, Corporation Court No. 1, Nagpur in Regular Criminal Case No. 479 of 2001 be quashed. 6. The compromise entered into between the parties, this case fall within the parameters laid down in case of Gian Singh Vis.
6. The compromise entered into between the parties, this case fall within the parameters laid down in case of Gian Singh Vis. State of Punjab and another reported in 2012 (9) SCALE 257 : [2013 ALL SCR 171] and therefore, this is a fit case in which the conviction of the applicant recorded by learned J.M.F.C., Corporation Court No. 1, Nagpur and the sentence imposed on him deserves to be quashed and set aside. 7. In view of the above, the judgment and order dated 20.02.2008 is hereby quashed. We are not inclined to grant stay to the order dated 06.08.2010, passed below Exh.13 by the learned District Judge 8 and Additional Sessions Judge, Nagpur in Criminal Appeal No.85 of 2008, same being in accordance with law. 8. In the result, the conviction of the applicant and the sentence imposed upon him for the offence punishable under Section 498-A of Indian Penal Code is set aside. In view of the above, Criminal Appeal No. 85 of 2008 pending before the learned District Judge 8 and Additional Sessions Judge, Nagpur is rendered infructuous, the same is disposed of as such. 9. Rule is made absolute in above terms. Application allowed.