Sanjay Rajaram Shinde v. The State Of Maharashtra Thr Pso Ps Barshitakli Dist. Akola And Another

2025:BHC-NAG:2297-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 78/2025

1. Sanjay Rajaram Shinde, Aged 65 yrs., Occ. Retired Teacher, R/o. Mangarulpir Road, Adarsh Colony, Bypass, V.T.C. Karanja Lad, Dist.

Washim-444 105.

2. Sheshrao Rajaram Shinde, Aged 75 yrs., Occ. Nil, R/o. Dhakli, Post Jamkeshwar, Tq. Barshitakli, Dist. Akola-444 401.

3. Sau. Meena Sanjay Shinde, Aged about 52 yrs., Occ. Housewife, R/o. Mangarulpir Road, Adarsh Colony, Bypass, V.T.C. Karanja Lad, Dist.

Washim-444 105.

4. Jaydip Sanjay Shinde, Aged about 30 yrs., Occ. Service, R/o. Mangarulpir Road, Adarsh Colony, Bypass, V.T.C. Karanja Lad, Dist. Washim-444 105.

5. Vaibhav Sanjay Shinde, Aged about 27 yrs., Occ. Student, R/o. Mangarulpir Road, Adarsh Colony, Bypass, V.T.C. Karanja Lad, Dist.

Washim-444 105.

...APPLICANTS

VERSUS

1.

State of Maharashtra, through Police Station Officer, Police Station Barshitakli, Tq. Barshitakli, Dist. Akola.

2.

Ashwini Pritam Shinde, Aged-Adult, Occ. Not known, R/o. V.H.B. Colony, Akola And Kajleshwar, Tq. Barshitakli, Dist. Akola, Mob.No.7030505678 NON-APPLICANTS ------------------------------------------------------------------------------------- Mr. V.S. Mishra, Advocate for applicants.

Mr. G. Umale, APP for non-applicant No.1/State. Mr. M.V. Jarap, Advocate for non-applicant No.2. ------------------------------------------------------------------------------------- CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATE : 03.03.2025 ORAL JUDGMENT : (PER:

NITIN B. SURYAWANSHI , J.

) Heard finally with the consent of parties.

2.

Admit.

3.

By this application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNS"), applicants seek quashing of the First Information Report ("FIR") registered at Crime No.531/2024 with Police Station Barshitakali, Tq. Bharshitakli, Dist.

Akola for the offences punishable under Sections 85, 115(2), 352 of the BNS. FIR in question is lodged by non-applicant No.2. 4.

Applicant No.1 is father-in-law, applicant No.2 is cousin father-in-law, applicant No.3 is cousin mother-in-law and applicant Nos. 4 and 5 are brother-in-laws of non-applicant No.2. FIR in question is lodged on 23.10.2024 making general allegations against applicants.

5.

During pendency of this application, applicants and nonapplicant No.2 amicably settled their dispute. Non-applicant No.2 has filed an affidavit confirming the settlement and stating that she has lodged FIR against applicants due to misunderstanding, though they were not residing in the joint family.

6.

Applicants and non-applicant No.2 are present in the Court and they are identified by their respective counsel. Non-applicant No.2 has no objection to quash the proceedings against applicants. 7.

In view of compromise arrived at between the parties and since FIR is lodged out of the matrimonial dispute, we allow this

application. We hereby quash and set aside FIR bearing Crime No.531/2024 registered with Police Station Barshitakali, Tq. Bharshitakli, Dist. Akola punishable under Sections 85, 115(2), 352 of the BNS.

8.

Application stands disposed of in above terms. ( PRAVIN S. PATIL, J.

) ( NITIN B. SURYAWANSHI , J.) Gohane