Vikas Kailas Abnave v. The State Of Maharashtra And Another
2025:BHC-AUG:24644-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2612 OF 2024 1.
Hema Kailas Abnave 2.
Kedar Kailas Abnave .. Applicants
Versus
1.
The State of Maharashtra 2.
Pooja Vikas Abnave .. Respondents ...
WITH CRIMINAL APPLICATION NO.3551 OF 2024 Vikas Kailas Abnave .. Applicant
Versus
1.
The State of Maharashtra 2.
Pooja Vikas Abnave .. Respondents ...
Mr. H. P. Hanumant, Advocate for the applicants in both the matters. Mrs. P. R. Bharaswadkar, APP for respondent No.1/State in both the matters. Mr. R. C. Bora h/f Mr. G. B. Kadlag, Advocate for respondent No.2 in both the matters.
...
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 10 SEPTEMBER 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- .
Present applications have been filed for quashing the proceedings in Regular Criminal Case No.169 of 2024, pending before the learned [1]
Judicial Magistrate First Class, Bhusawal arising out of the FIR vide Crime No.373 of 2023 dated 17.07.2023 registered with Bhusawal Bazarpeth Police Station, District Taluka Bhusawal, District Jalgaon for the offences punishable under Sections 498-A, 354-A, 323, 504, 506 read with Section 34 of Indian Penal Code.
2.
Learned Advocate for the applicants and respondent No.2 submit that applicant in Criminal Application No.3551 of 2024 and respondent No.2 had filed Hindu Marriage Petition No.165 of 2025 before the learned Civil Judge Senior Division, Bhusawal under Section 13-B of the Hindu Marriage Act i.e. divorce by mutual consent. In the said petition, as per the terms, it was decided that the husband i.e. applicant in Criminal Application No.3551 of 2024 would pay amount of Rs.5,50,000/- as permanent alimony and take divorce with the mutual consent with the respondent No.2. Further, it is stated that they would take back the complaints/criminal cases or civil cases filed against each other. The settlement terms have been accepted and verified by the concerned Court and decree for divorce has been passed on 08.08.2025. Certified copies of the petition as well as the judgment and order have been produced. Those are taken on record.
3.
In view of the fact that the competent Court has verified the terms in which respondent No.2 has specifically accepted that she would give [2]
no objection for the withdrawal of the allegations in criminal matters also. We take it to be the no objection for quashing FIR and the proceedings. Hence, we proceed to pass the following order :-
ORDER
I) Both the applications stand allowed.
II) The proceedings in Regular Criminal Case No.169 of 2024, pending before the learned Judicial Magistrate First Class, Bhusawal arising out of the FIR vide Crime No.373 of 2023 dated 17.07.2023 registered with Bhusawal Bazarpeth Police Station, District Taluka Bhusawal, District Jalgaon for the offences punishable under Sections 498-A, 354-A, 323, 504, 506 read with Section 34 of Indian Penal Code, stands quashed and set aside as against the applicants in both the applications. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]