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2013 DIGILAW 670 (BOM)

Mangal w/o. Somnath Kanse v. State of Maharashtra

2013-03-18

A.V.NIRGUDE, NARESH H.PATIL

body2013
JUDGMENT NARESH H PATIL, J. :- Rule, returnable forthwith. Heard finally by consent. 2. The complainant and his wife are present before Court. Both expressed desire to get the complaint quashed as they have amicably settled disputes and resolved misunderstandings. They have decided to lead life together. 3. A complaint was filed by respondent No.2 on 25-7-2012 alleging therein that his marriage was solemnized with applicant No.1 on 11th May 2011. After marriage it transpired that the wife Mangal is suffering from heart disease. When it was disclosed to the respondent No.2, the respondent No.2 felt cheated by the wife and other accused persons who are related to her. 4. Affidavit-in-reply filed by respondent No.2 - original complainant is taken on record. 5. We have perused the contents of the complaint. The learned counsel for the respondent No.2 - husband submits that the applicant No.1 wife filed a private complaint to the Magistrate against the respondent No.2 and others. By an order dated 27-6-2012 the Magistrate referred the complaint under section 156(3) of the Code of Criminal Procedure to the police and called for investigation report. The learned counsel for the applicants and the respondent No.2 submit that said private complaint filed by applicant No.1 would be withdrawn at an appropriate time. 6. In the present application the wife and the husband seek indulgence of this Court in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure as the parties have amicably settled the matter. In case the complaint is quashed the parties would be in a position to lead life together. 7. Considering the submissions advanced by the contesting parties before this Court we are of the view that this is a fit case to exercise jurisdiction under Section 482 of the Code of Criminal Procedure. It is expected that the husband would take care of his wife and provide her proper medical treatment. To facilitate this we are of the view that the prayer made by the parties deserves consideration. 8. The complaint registered at FIR/Crime No.M-I-261 of 2012 at Pathardi Police Station for offences under sections 420, 323, 504, 506 of the Indian Penal Code is quashed and set aside. This criminal application is allowed accordingly. Rule is made absolute in the above terms. Application allowed.