Pranay S/O Vinod Shende And 3 Others v. The State Of Maharashtra Through Pso Hudkeshwar Ps Nagpur And Another

2024:BHC-NAG:3166-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 280 OF 2024

1. Pranay S/o Vinod Shende Aged about 34 years, Occ. Private

2. Vinod S/o Laxmanrao Shende Aged about 64 years, Occ. Private.

3. Trushna Vinod Shende Aged about 55 years, Occ. Private.

4. Devashree Vinod Shende Aged about 28 years, Occ. Private.

... Applicants All R/o. Plot No.37, Sarvashri Nagar, Chamat Chowk, Dighori, Nagpur.

Versus

1. State of Maharashtra, Through its Police Station Officer, Hudkeshwar, P.S. Nagpur.

2. Priyanka Pranay Shende (Priyanka D/o Shashikant Khobragade) Aged about 28 years, Occ. Nil, R/o. Plot No.73, Mahavishnu Nagar, Kirtidhar Society, Narsala, Nagpur.

... Non-applicants Mr. R.R. Prajapati, Advocate for applicants.

Mr. S. Bissa, APP for non-applicant No.1.

Mr. Gajanan B. Hemke, Advocate for non-applicant No.2. CORAM :

VINAY JOSHI, AND SMT. VRUSHALI V. JOSHI, JJ.

DATE :

11.03.2024 ORAL JUDGMENT: (PER: Vinay Joshi,J) Heard finally by consent of both the learned counsel for the parties.

(2) Admit.

(3) This is an application seeking to quash FIR in Crime No.559/2021 registered with Police Station Hudkeshwar, District - Nagpur for the offence punishable under Sections 498-A, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act on account of settlement.

(4) The couple got married on 30.11.2020. After marriage, the informant started to reside with the applicant, however, feeling matrimonial harassment, she has filed report. The police have registered the crime and carried out further investigation. (5) In the meantime, with the aid and intervention of relatives, the parties have amicably settled the dispute. The couple has no issue from the marriage. Both have decided to severe matrimonial ties and the husband has agreed to pay one-time maintenance. In pursuance of the settlement, mutual consent terms have been incorporated, which are filed on record. As per the terms of settlement, both have applied to the Family Court for divorce by mutual consent vide Petition No.A-660/2021, in which decree of divorce has also been passed on 06.11.2023.

(6) As per the terms of settlement, the informant wife has agreed to give her no objection for quashing. Mr. Hemke, learned counsel appearing on her behalf has affirmed that the parties have settled the matter and the informant has no objection to quash the proceeding. The nature of crime is domestic which does not have any social impact.

(7) In view of above, application is allowed. We hereby quash and set aside the FIR in Crime No.559/2021 registered with Police Station Hudkeshwar, District - Nagpur for the offence punishable under Sections 498-A, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. [VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.] Prity