Baldev Ramesh Aade And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:35421-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 CRIMINAL APPLICATION NO.265 OF 2025 Baldev Ramesh Aade, Age 27 yrs., Occ. Private Job, Ramesh Gulab Aade, Age 60 yrs., Occ. Agri., Vimalbai w/o Ramesh Aade, Age 55 yrs., Occ. Household, Dhanwan Ramesh Aade, Age 25 yrs., Occ. Private Job, Applicant Nos.1 to 4 are r/o Darsangavi (Sindkhed), Tq. Kinwat, Dist. Nanded.

Seema w/o Milind Chavan, Age 38 yrs., Occ. Household, Milind Ulhas Chavan, Age 44 yrs., Occ. Labour, Applicant Nos.5 and 6 are r/o Ramaji Naik Tanda, Tq. Kinwat, Dist. Nanded.

Reshma w/o Jogeshwar Rathod, Age 30 yrs., Occ. Household, Jogeshwar Namdev (Premsing) Rathod, Age 38 yrs., Occ. Labour, Applicant Nos.7 and 8 are r/o Sevalal Nagar, Tq. Umarkhed, Dist. Yeotmal.

Aasma w/o Arun Rathod, Age 34 yrs., Occ. Household, Arun Baliram Rathod, Age 36 yrs., Occ. Labour, Applicant Nos.9 and 10 are r/o Bhilgaon, Tq. Kinwat, Dist. Nanded.

... Applicants ... Versus ...

The State of Maharashtra Through Police Inspector, Police Station, Mandavi, Tq. Kinwat, Dist. Nanded.

Sushma w/o Baldev Aade, Age 26 yrs., Occ. Household, R/o Darsangavi, Tq. Kinwat, Dist. Nanded.

At present C/o Gangadhar Manu Jadhav, R/o Kamthala, Tq. Kinwat, Dist. Nanded.

... Respondents ...

Mr. G.G. Suryawanshi, Advocate for applicants Mr. V.M. Kagne, APP for respondent No.1 ...

CORAM :

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

DATE :

15th DECEMBER, 2025

ORDER :

( PER : SMT. VIBHA KANKANWADI, J. ) .

Present application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashment of the proceedings in Regular Criminal Case No.28/2025 pending before learned Judicial Magistrate First Class, Kinwat, Tq. Kinwat, Dist. Nanded, arising out of First Information Report vide Crime No.102/2024 dated 24.11.2024 registered with Police Station, Mandavi, Tq. Kinwat, Dist. Nanded, for the offence punishable under Sections 85, 86, 118(2), 382 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 All the accused persons, who have been named in First Information Report and charge sheet, are the applicants before us. It is not in dispute that respondent No.2 got married to applicant No.1 on 03.05.2023. During the pendency of application, a petition bearing PWDV No.4/2025 was filed by respondent No.2 against applicants before learned Judicial Magistrate First Class, Kinwat. Since the matter was amicably settled, as per order passed by Judicial Magistrate First Class, Kinwat (Court No.2) on 18.09.2025 the said PWDV No.4/2025 has been disposed of as withdrawn.

Since the parties have compromised the matter, a pursis by applicant No.1 - husband and respondent No.2 - wife, which is containing the terms and conditions of compromise, has been produced on record. Terms of compromise have been got verified through Notary Public on 15.12.2025. As per the said terms of settlement, respondent No.2 and applicant No.1 have decided to bury the differences and respondent No.2 - informant has given no objection for quashment of the proceedings. Since the dispute that arose was matrimonial dispute and now the parties i.e. applicant No.1 and respondent No.2 are residing together happily, there is no hurdle in allowing the application. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.28/2025 pending before learned Judicial Magistrate First Class, Kinwat, Tq. Kinwat, Dist. Nanded, arising out of First Information Report vide Crime No.102/2024 dated 24.11.2024 registered with Police Station, Mandavi, Tq. Kinwat, Dist. Nanded, for the offence punishable under Sections 85, 86, 118(2), 382 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, stands quashed and set aside as against applicants viz. 1) Baldev Ramesh Aade, 2) Ramesh Gulab Aade, 3)

Vimalbai w/o Ramesh Aade, 4) Dhanwan Ramesh Aade, 5) Seema w/o Milind Chavan, 6) Milind Ulhas Chavan, 7) Reshma w/o Jogeshwar Rathod,

8) Jogeshwar Namdev (Premsing) Rathod, 9) Aasma w/o Arun Rathod and

10) Arun Baliram Rathod.

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