Aniket S/O Arvind Lagdive v. The State Of Maharashtra And Another
2025:BHC-AUG:19357-DB
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 11 CRIMINAL APPLICATION NO. 890 OF 2024 Aniket S/o. Arvind Lagdive, Age : 32 Years, Occu. : Unemployed, R/o. B-803, Paritosh Society, Balewadi, Pune.
.... Applicant
VERSUS
1.
The State of Maharashtra.
2.
Darshana W/o. Aniket Lagdive, Age : 25 Years, Occu. : Household, R/o. Kailash Nagar, Nanded.
.... Respondents ....
Advocate for Applicant : Ms. Prashanti S. Tambat h/f Ms. Surekha G. Chincholkar APP for Respondent No.1-State : Mrs. P.R. Bharaswadkar ....
CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
Dated : 23rd July 2025 PER COURT :- 1.
The present application has been filed for quashing the First Information Report (for short "the FIR") vide C.R. No.0330 of 2022, registered with Bhagyanagar Police Station, Nanded, dated 23.09.2022 and charge-sheet No.39 of 2023 i.e. proceedings in R.C.C. No.501 of 2023, pending before the learned Judicial Magistrate First
Class, Nanded, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. 2.
Learned Advocate appearing for the applicant submits that the applicant/husband and respondent No.2/wife have amicably settled their dispute and had filed a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act i.e. Petition No. A-240 of 2023, before the Family Court, Nanded. As per the said terms and conditions, the parties have acted. Respondent No.2 has received the alimony and the ornaments as per the terms, and by Judgment and order dated 17th January 2025, their marriage has been dissolved. Respondent No.2 has no objection for quashing the FIR and charge-sheet No.39 of 2023, that was filed on 27th March 2023 i.e. R.C.C. No.501 of 2023, pending before the learned Judicial Magistrate First Class, Nanded.
3.
Since the matter is arising out of the matrimonial dispute and the documents produced today before this Court which have been marked Exhibit-X collectively, show that the parties had entered into the settlement and the terms and conditions of the same have been implemented. Their marriage has been dissolved. Therefore, this is a fit case where we should exercise our powers under Section 482 of
the Code of Criminal Procedure, 1973. Hence, we pass following order :
ORDER
I) The application stands allowed.
II) The First Information Report vide C.R. No.0330 of 2022, dated 23.09.2022, registered with Bhagyanagar Police Station, Dist. Nanded and charge-sheet No.39 of 2023 i.e. proceedings in R.C.C. No.501 of 2023, pending before the learned Judicial Magistrate First Class, Nanded, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 stands quashed and set-aside as against the present applicant.
[ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd