Jitendra S/O. Jeevanlal Kingre v. State Of Maharashtra Thr. P.S.O., P.S. Lakadganj, Nagpur And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 68 of 2019 Jitendra S/o Jeevanlal Kingre and others

Versus

State of Maharashtra through Police Station Officer, Police Station Lakadganj, Nagpur and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M.Sharma, Advocate for the applicant.

Ms. Shamsi Haider, APP for the non-applicant no.1/State. Ms. Suparna Roy, Advocate for the non-applicant no.2 CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.

DATED : 28th APRIL, 2025.

This is an application filed under Section 482 of the Code of Criminal Procedure, applicants are seeking quashing of proceeding Regular Criminal Case No. 1213 of 2016 arising out of First Information Report vide Crime No. 367 of 2015 and Charge-Sheet No. 86 of 2016 filed against the applicants for the offence punishable under

Sections 498-A, 354, 406, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 2.

It is the case of the prosecution that non-applicant no.2 lodged the report with the police alleging that the accused used to illtreat and torcher her mentally and physically. It is further alleged that accused by keeping 'Stridhan' with them, they did not return the same. There is allegation of outraging of modesty by the applicants. 3.

Today, when the matter has come up for hearing, nonapplicant no.2/complainant is present and she stated that she does not want to pursue the matter as there is amicable settlement between the parties. Am affidavit to that effect is filed by the non-applicant no.2. 4.

In the circumstances and in view of the judgment in the case of Narinder Singh and others Vs. State of Punjab and another reported in 2014(6) SCC 466, and further considering that in the backdrop of settlement continuing with the trial will be a futile exercise. Hence, we proceed to pass the following order:- i.

Criminal application is allowed;

ii.

Regular Criminal Case No. 1213 of 2016 arising out of First Information Report vide Crime No. 367 of 2015 and Charge-Sheet No.

86 of 2016 for the offence punishable under Sections 498-A, 354, 406, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act is hereby quashed and set aside against the applicant no.1 Jitendra S/o Jeevanlal Kingre, applicant no.2-Jeevanlal S/o Meghraj Kingre, applicant no.3-Darshana W/o Jeevanlal Kingre and applicant no.4- Harish S/o Jeevanlal Kingre.

[PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.]