Vandana W/O Ashok Chatte And Others v. The State Of Maha Thr Pso, Ps Jawaharnagar And ANR.

1 908 apl 272.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 272/2025 (Shailesh s/o Namdeorao Meshram & anr. Vs. State of Maharashtra & anr.) with CRIMINAL APPLICATION (APL) NO. 274/2025 (Vandana w/o. Ashok Chatte & ors. Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.J. Vairagade, Advocate for applicants (APL No.272/2025) Mr. Muzammil Husain, Advocate for applicant (APL No.274/2025) Mr. N. Joshi, APP for non-applicant No.1/State. CORAM: NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATED : 13/03/2025 Not on Board. Taken on Board.

2.

Heard.

3.

Application (APL) No. 272/2025 is filed for quashing of First Information Report ("FIR") at Crime No. 386/2024 registered with Police Station Jawaharnagar, Bhandara for the offence under Sections 74, 296, 115(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 ("BNS") registered at the instance of non-applicant No.2. Application (APL) No. 274/2025 is filed for quashing of FIR at Crime No. 387/2024 registered with Police Station Jawaharnagar, Bhandara for the offence under Sections 352, 191(2), 189(2), 118(1), 115(2) of BNS at the instance of

2 908 apl 272.25 non-applicant No.2.

4.

These are cross-complaints lodged by the parties against each other. They have amicably settled their dispute and seek quashing of both FIRs in view of settlement of dispute. Both the informants (non-applicant No.2 in the matters) have filed affidavits stating that they are related with applicants and due to family disputes, they had filed complaints against each other. They have amicably settled their dispute and they do not wish to prosecute the matter. 5.

Parties are present before the Court and they are identified by their respective counsel. Informants in both matters (non-applicant No.2) state that the dispute between them is amicably settled and they do not wish to prosecute the cases further. They have no objection to quash the proceedings lodged by them against each other. 6.

In view of amicable settlement of dispute, continuation of the proceedings against the applicants will be a futile exercise. Even though the prosecution is allowed to continue, it will result into acquittal and the same would cause to waste of judicial time and energy.

7.

In view of settlement, the continuation of the proceedings of the impugned FIRs against the applicants would be an abuse of process of law and Court. 8.

Hence, the applications are allowed. We hereby quash and set aide FIR at Crime No. 386/2024 registered with Police Station Jawaharnagar, Bhandara for the offence punishable under Sections 74, 296, 115(2) and 3(5) of the

3 908 apl 272.25 Bhartiya Nyay Sanhita, 2023 ("BNS") in application (APL) No. 272/2025 and FIR at Crime No. 387/2024 registered with Police Station Jawaharnagar, Bhandara for the offence under Sections 352, 191(2), 189(2), 118(1), 115(2) of BNS in application (APL) No. 274/2025 9.

The applicants to deposit cost of Rs. 10,000/- in each matter with the High Court Bar Library, Bench at Nagpur within a period of two weeks from the date of uploading of this order.

10.

List this matter for compliance after two weeks from the date of uploading of this order.

( PRAVIN S. PATIL , J.) ( NITIN B. SURYAWANSHI , J.) Gohane