Punit Vasant Shirsal And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:23882-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CRIMINAL APPLICATION NO.60 OF 2024 Punit Vasant Shirsal, Age 33 yrs., Occ. Service, Vasant Kashinath Shirsal, Age 65 yrs., Occ. Nil, Pushpa Vasant Shirsal, Age 59 yrs., Occ. Household, Yamini Vasant Shirsal, Age 21 yrs., Occ. Student, Applicant Nos.1 to 4 are r/o Anand Nagar, Neb Colony, Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

... Applicants ... Versus ...

The State of Maharashtra Through Police Inspector, Rural Police Station, Nanded, Tq. & Dist. Nanded.

Priyanka w/o Punit Shirsal, Age 26 yrs., Occ. Education, R/o N.D. 116, 34/1, HUDCO, New Nanded.

... Respondents ...

Mr. A.S. Gandhi, Advocate h/f Mrs. Megha B. Vaishnav, Advocate for applicants

29_Cri.Appln_60_2024 Mr. G.A. Kulkarni, APP for respondent No.1 Mr. S.V. Bhopi, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

04th SEPTEMBER, 2025 ORDER :

(PER : SMT. VIBHA KANKANWADI, J.) Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the proceedings in Regular Criminal Case No.377/2023 pending before learned Judicial Magistrate First Class, Nanded arising out of First Information Report vide Crime No.53/2023 dated 02.02.2023 registered with Rural Police Station, Nanded, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

Respondent No.2 and applicants are stated to have arrived at compromise. Applicant No.1 is husband and respondent No.2 is informant - wife. They had filed Hindu Marriage Petition No.283/2023 before learned Civil Judge Senior Division, Bhusawal, Tq. Bhusawal, Dist. Jalgaon for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Copies of petition as well as Judgment which was pronounced on

29_Cri.Appln_60_2024 11.12.2023, have been produced. By the said Judgment and Decree the decree for divorce has been granted. In the petition it is stated that present respondent No.2 would give no objection for withdrawal of Regular Criminal Case No.377/2023 (it should have been for giving consent to quashment of proceedings). Now, the competent Court has affirmed the terms and, therefore, there is no hurdle in acceptance of the said settlement. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.377/2023 pending before learned Judicial Magistrate First Class, Nanded arising out of First Information Report vide Crime No.53/2023 dated 02.02.2023 registered with Rural Police Station, Nanded, for the offence punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Punit Vasant Shirsal, 2) Vasant Kashinath Shirsal, 3) Pushpa Vasant Shirsal and 4) Yamini Vasant Shirsal.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd