Sumeet Jagdish Narsinghani And Other v. State Of Maharashtra Through The Police Station Officer

2025:BHC-NAG:341-DB 1 apl 27.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No.27/2025

1. Sumeet s/o Jagdish Narsinghani, Aged 42 years, Occ- Business.

2. Jagdish s/o Rochiram Narsinghani, Aged about 68 years, Occ-Business.

3. Prakash s/o Jagdish Narsinghani, Aged 34 years, Occupation-Business, All R/o Flat No.102, Citadel Apartments, Serene Meadows, Gangapur Road, Nashik, 422013. .... Applicants - VERSUS -

1. The State of Maharashtra, through the Police Station Officer, Jaripatka Police Station, Nagpur 440014.

2.Smt. Pinky w/o Sumeet Narsinghani, (Original Complainant) Aged about 38 years, Occ. Housewife, R/o Bungalow No.33, Sindhu Nagar Society, Jaripatka, Nagpur 440014. .... Non-applicants ----------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. Dewani, Advocate for for applicants.

Mr. G. Umale, APP for State.

Mr. A. Shriwas, Advocate for non-applicant no.2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------- CORAM : Nitin B. Suryawanshi & M.W. Chandwani, JJ.

DATE : 13-01-2025.

ORAL JUDGMENT (Per Nitin B. Suryawanshi, J.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

2 apl 27.25.odt ii.

By this application filed under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bhartiya Nagarik Surksha Sanhita, 2023, the applicants are seeking quashing of the proceedings of Regular Criminal Case No.3168/2021 pending before learned Judicial Magistrate First Class (Court No.7), Nagpur for offences punishable under Sections 498-A, 504, 323, 406, 506 r/w 34 of the Indian Penal Code (IPC), registered at the instance of non-applicant no.2-wife. iii.

Proceeding arises out of matrimonial dispute and applicant no.1-husband and non-applicant no.2 wife have amicably settled their matrimonial dispute and have entered into a compromise. By filing affidavit, non-applicant no.2-wife has confirmed about the amicable settlement. She has further stated that as per the compromise an amount of Rs. 25,00,000/- is paid by applicant no.1 to her as a first installment on 24-12-2024 and remaining amount of Rs.10,00,000/- would be paid at the time of passing of the divorce decree before the Family Court. iv.

Applicant no.1 and non-applicant no.2-wife are present in the Court and they are identified by their respective advocates. They confirm about the amicable settlement of their dispute. Non-applicant no.2 has no objection if the proceeding is quashed.

3 apl 27.25.odt v.

In view of amicable settlement of the dispute and the affidavit filed by non-applicant no.2-wife, application is allowed in terms of prayer clause (a).

vi.

Rule is made absolute in the aforesaid terms. (M.W. Chandwani , J. ) (Nitin B.

Suryawanshi , J. ) Deshmukh