Gaurang S/O. Ganpatbhai Valani And Another v. State Of Mah. Thr. Ps Sitaburdi, Nagpur And Another

2025:BHC-NAG:2846-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.506 OF 2023 1.

Gaurang s/o Ganpatbhai Valani, aged about 32 years, Occ. Private.

2.

Nirmalaben w/o Ganpatbhai Valani, aged about 57 years, Occ. Housewife, Both r/o C-102, Vishala Landmark, S.P.

Ring Road, Nikol, Ahmedabad, Gujrat.

... APPLICANTS

VERSUS

1.

State of Maharashtra, through Police Station, Sitaburdi, Nagpur.

2.

Sou. Prachi Gaurang Valani, r/o Plot No. 470, Cyvle Store, Near Agrawal Bichayat Kendra, Buti Road, Sitaburdi, Nagpur, Maharashtra ... NON-APPLICANT.

_____________________________________________________________ Shri Mangesh Ladhe, Advocate for the applicants. Shri Umale, Addl.P.P. for the State.

Shri Yash Bage, Advocate h/f Mrs Ketki Jaltare, Advcoate for nonapplicant no.2. ______________________________________________________________ CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATE : 21.03.2025.

JUDGMENT : (Per : Nitin B. Suryawanshi, J.) 1.

Heard. ADMIT.

2.

By this application filed under Section 482 of the Code of Criminal Procedure, applicants seeking quashing of chargesheet filed in R.C.C. No.3695 of 2023 arising out of First Information Report No.78 of 2023 registered with the Sitabuldi Police Station, Nagpur City for the offence punishable under Sections 323, 328, 498A of the Indian Penal Code and Section 4 of the Prohibition of Dowry Act, 1961, pending before the Judicial Magistrate First Class, Nagpur.

3.

Non-applicant no.2 lodged FIR in question due to matrimonial dispute with applicant no.1. Applicant no.1 and nonapplicant no.2 have amicably settled their matrimonial dispute out of the Court, pursuant to the settlement of dispute a decree of divorce by mutual consent is passed by the Family Court, Nagpur in HMP No.813 of 2024, dated 28.02.2025. These facts are confirmed by non-applicant no.2 by filing affidavit. She has stated that she has no objection to quash the proceedings against the applicants.

4.

Non-applicant no.2 is present in the Court. Applicant no.1 is present through video conferencing and they both are identified by their respective Counsel. Non-applicant no.2 confirms amicable settlement of matrimonial dispute and states that she has no objection to quash the proceedings against the applicants.

5.

In view of the amicable settlement of matrimonial dispute, the application is allowed .

6.

Proceedings of R.C.C. No.3695 of 2023 arising out of First Information Report No.78 of 2023 registered with the Sitabuldi Police Station, Nagpur City for the offence punishable under Sections 323, 328, 498A of the Indian Penal Code and Section 4 of the Prohibition of Dowry Act, 1961, pending before the Judicial Magistrate First Class, Nagpur against the present applicants is hereby quashed and set aside.

7.

The application is disposed of accordingly.

(PRAVIN S. PATIL , J.

) (NITIN B. SURYAWANSHI , J.

) Trupti