Janabai Rajmal Nagargoje And Others v. The State Of Maharashtra And Others
2025:BHC-AUG:24363-DB {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 94 OF 2024
1. Janabai w/o. Rajmal Nagargoje, - Mother in law Age 65 years, Occ. Housewife, R/o. House No. 207, Vishwashanti Colony, Pimple Saudagar, Aundh Camp, Pune - 411 027.
2. Rajmal s/o. Govardhan Nagargoje, - Father in law Age 70 years, Occ. Pensioner, R/o. House No. 207, Vishwashanti Colony, Pimple Saudagar, Aundh Camp, Pune - 411 027.
3. Deepak S/o. Rajmal Nagargoje, - Brother in law Age 39 years, Occ. Pvt. Service, R/o. House No. 207, Vishwashanti Colony, Pimple Saudagar, Aundh Camp, Pune - 411 027.
4. Sudhakar S/o. Rajmal Nagargoje, - Husband.
Age 43 years, Occ. Pvt. Service, R/o. Baliraj Colony, Ramnagar, Kalewadi, Pune City, Pune 411 017.
.. APPLICANTS.
VERSUS
1.
The State of Maharashtra for MIDC Police Station, Latur, Tq. And Dist. Latur.
2.
The District Superintendent of Police, MIDC, Polices Station, Latur.
District Latur.
3.
Vrushali w/o. Sudhakar Nagargoje, Age 32 years, Occ. Housewife,
{2} R/o. Om Nagar, Near Sai Road, Tq. & Dist. Latur.
.. RESPONDENTS.
Mr. Vishal A. Bagadiya, Advocate for applicants. Mr. A.V. Lavte, APP for respondent State.
Mr. S.V. Gundre, Advocate for respondent No.3 CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.
DATE : 10th SEPTEMBER, 2025.
ORAL ORDER :- 1.
Heard rival submissions.
2.
The applicants are seeking quashing of FIR No. 724 of 2023 dated 26.9.2023 registered with MIDC Police Station, Latur and subsequent criminal proceeding arising out of that, bearing No. RCC No. 1929 of 2023 for the offence punishable under sections 323, 498A, 504, 506 r/w. Section 34 of the IPC.
3.
The aforesaid FIR was lodged by present respondent No.3, who is admittedly wife of applicant No.4. However, during pendency of this application, compromise took place between the husband and wife. The copy of said compromise terms entered into between the parties, sworn in before the Notary Public, is placed on record, which is marked as "X" for the purpose of identification.
4.
Further, in support of the fact of aforesaid compromise terms, the respondent No.3 has also filed affidavit in reply, confirming the fact of compromise between herslf and applicant No.4 husband. 5.
On going through the aforesaid compromise terms and the affidavit in reply of respondent No.3 wife, it appears that parties have
{3} amicably settled the dispute. It further appears that as per the compromise terms, daughter of applicant No.4 and respondent No.3, by name Sai, is to be maintained by applicant No.4 husband in future and Sai would also reside with her father. The respondent No.3 wife will have visitation rights as mutually decided by herself and applicant No.4. It further appears that respondent No.3 has voluntarily decided not to claim any maintenance or permanent alimony from applicant NO.4 husband. Applicant No.4 and respondent No.3 have already filed divorce petition bearing No. F-No. 88 of 2025, under Section 13B of the Hindu Marriage Act, 1955 before the learned Family Court at Latur and it is pending.
6.
Today, the applicant No.4 husband and respondent No.3 wife, are present before the Court and we have verified the contents of compromise terms, as well as affidavit of respondent No.3 from them. Both of them have confirmed the same. As such, in view of the compromise which took place between them, continuation of criminal proceeding bearing R.C.C. No. 1929 of 2023 would be an abuse of process of law.
7.
As such, the application stands allowed and the FIR No. 724 of 2023 dated 26.09.2023, registered against applicants with MIDC Police Station, Latur for the offence punishable under Sections 323, 498A, 504, 506 r/w. 34 of IPC and further proceedings arising out of it, bearing R.C.C. No. 1929 of 2023 are hereby quashed and set aside. The application stands disposed of accordingly.
[MEHROZ K. PATHAN] [SANDIPKUMAR C. MORE] JUDGE JUDGE.
grt/-