Bombay High CourtWP/120/2020allowed

Sonali W/O Ravindra Meshram And 2 Others v. State Of Mah., Thr. P.S.O. Panchpaoli Ps Panchpaoli, Nagpur

2020-03-13Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1303cwp120.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION (CWP) NO. 120 OF 2020 (Sonali w/o Ravindra Meshram & Ors. vs. State of Maharashtra thr. PSO, Panchpaoli PS, Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

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and Registrar'

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Shri A.K. Neware, Advocate for the petitioners. Mrs. S.S. Jachak, APP for the respondent.

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CORAM : V.M. DESHPANDE & PUSHPA V. GANEDIWALA, JJ.

MARCH 13, 2020.

Heard Shri Neware, learned counsel for the petitioners and Mrs. Jachak, learned APP for the respondent.

In this petition, Petitioner No. 1 is the wife of petitioner No. 2 and petitioner No. 3 is mother-inlaw of petitioner No. 1. It is stated that on the report of petitioner No. 1, criminal proceeding R.C.C. No. 341 of 2015 was initiated before the Judicial Magistrate First Class, Court No. 5, Nagpur, for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code, registered at Police Station Panchpaoli, Nagpur vide FIR No. 179 of 2014 dated 14.05.2014.

1303cwp120.20 Today, the petitioners are present and have filed joint pursis stating therein that the marriage between petitioner Nos. 1 & 2 is dissolved by mutual consent vide judgment and decree dated 07.02.2020 before the Family Court - 2, Nagpur. Considering the settlement between the parties and the nature of offence, in our considered view, no fruitful purpose would be served by proceeding further in the aforesaid criminal proceeding against petitioner Nos. 2 & 3 and, therefore, we are inclined to allow the present petition. Hence, we pass the following order : R.C.C. No. 341 of 2015 arising out of F.I.R. No. 179 of 2014, Charge Sheet No. 12 of 2014 is hereby quashed and set aside against petitioner Nos. 2 & 3. Criminal Writ Petition is accordingly allowed and disposed of.

JUDGE JUDGE *GS.