Swapnil S/O Balkrushna Mohurle And 3 Others v. The State Of Mah. Thr. Police Station Officer, Police Station Ajani, Nagpur And Another

2024:BHC-NAG:1809-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.253/2024 1.

Swapnil S/o Balkrushna Mohurle, (husband), aged about 31 Yrs., Occ. Private Job, R/o At present Plot No.25, Umred Road, Ramkrushna Nagar, Dighori, Hanuman Nagar, Nagpur.

2.

Balkrushna S/o Hari Mohurle, (father-in-law), aged about 61 Yrs., Occ. Agriculture.

3.

Premila W/o Balkrushna Mohurle, (mother-in-law), aged about 52 Yrs., Occ. Housewife.

4.

Shubham S/o Balkrushna Mohurle, (brother-in-law), aged about 29 Yrs., Occ. Private Job.

Applicant Nos.1 to 4 are R/o Ward No.2, Near Hanuman Temple, Ovala, Palasgaon (Khurd) Nagbhid, Chandrapur.

...

Applicants - Versus - 1.

State of Maharashtra, through Police Station Officer, Police Station Ajani, Nagpur, Tahsil & District Nagpur.

2.

Sau. Priyanka W/o Swapnil Mohurle,

aged about 27 Yrs., Occ. Private Job, R/o C/o Shri Pravin Tukaram Avachat, Plot No.156, Shukla Nagar, Havarapeth, Nagpur.

... Non-applicants ----------------- Ms. Lata G. Tiple, Advocate for the Applicants. Mr. A.B. Badar, A.P.P. for Non-applicant No.1. Ms. Anjana Raut, Advocate for Non-applicant No.2. ----------------

CORAM:

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

DATED : 12.2.2024.

ORAL JUDGMENT (Per Vinay Joshi, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2.

By this application the applicants are seeking to quash chargesheet arising out of Crime No.0225/2021 registered by non-applicant No.1 Police Station Ajani, Nagpur for the offence punishable under Sections 498-A, 323 and 504 of the Indian Penal Code on account of mutual settlement.

3.

The couple got married in the year 2020 but after 2/3 years due to matrimonial dispute they started to reside separately. Feeling matrimonial harassment informant wife has lodged report on the basis of which crime has been registered. The police investigated the matter and filed chargesheet. 4.

During pendency both husband and wife expressed their willingness for settlement. With the aid and intervention of relatives the matter has been successfully settled and both agreed to reside together. Since last two months the couple is residing together. Informant wife has appeared and filed affidavit stating about settlement and her no objection to quash the proceedings. 5.

The matrimonial dispute has been settled. The couple is living together therefore quashing necessitates to secure the ends of justice. In view of that application is allowed. We hereby quash and set aside chargesheet No.124/2022 (Regular Criminal Case No.3473/2022) arising out of Crime

No.0225/2021 registered by non-applicant No.1 Police Station Ajani, Nagpur for the offence punishable under Sections 498-A, 323 and 504 of the Indian Penal Code (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.