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Bombay High CourtAPL/510/2022allowed

Sudhakar S/O Nagorao Munde And 4 Others v. State Of Mah. Thr. Pso Shegaon Tq.Shegaon Dist.Buldhana And Another

2025-03-25Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Shri Justice Pravin S. Patil5 pages

2025:BHC-NAG:3181-DB 1 APL510.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APL] NO.510 OF 2022 1.

Sudhakar s/o Nagorao Munde Age 67 years, Occupation-Private.

Anita w/o Sudhakar Munde Age 62 years, Occupation-Housewife.

Applicant No.1 and 2 both are R/o.

Veddharini Nagar, Umarsara, Yavatmal.

3.

Lina w/o Gopal Khadsan Age 44 years, Occupation-Housewife.

R/o. Survey No.259/40/3/26 Atharwa Porwal Road, Near Ingale Floor Mill Kalwad, Pune City, Pune-411 032.

4.

Manjushree w/o Ashish Nandekar Age 40 years, Occupation-Housewife R/o. Aryan Park, Sector No.16, Raje Shivaji Nagar, Chikhali, Pune.

5.

Shantaram s/o Namdeo Khadsan Age 60 years, Occupation-Retired R/o. Laxmi Nagar, Mothi Umari, Akola.

6.

Chetan s/o Sudhakar Munde Age 44 years, Occupation-Service.

R/o. Kokonbadi, Behind Swani Sq.

Mortha Math, Zila Ratnagiri Tah. Dapoli.

..

Applicants

2 APL510.22 .. Versus ..

1.

State of Maharashtra Through Police Station Officer, Shegaon, Tah. Shegaon, District-Buldhana.

Namrata Chetan Munde Age-Major, Occupation-Housewife.

R/o. Jay Gajanan Welding, Alsana Road, Patwari Colony, Shegaon, District-Buldhana.

.. Non-Applicants ..........

Mr. R.G. Waghmare, Advocate for Applicants.

Mr. A.R. Chutke, Additional Public Prosecutor for NonApplicant No.1/State. Mrs. Sonali Saware (Gadhawe), Advocate for Non-Applicant No.2.

..........

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATED : 25 th MARCH, 2025 .

JUDGMENT [PER : Pravin S. Patil, J.] 1.

Rule. Rule made returnable forthwith. By consent of the learned Counsel for parties, the matter is taken up for final disposal.

3 APL510.22 This application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the first information report registered with Police Station Shegaon, District-Buldhana, vide Crime No.0102/2022, dated 09.03.2022 under Sections 4 and 5 of the Dowry Prohibition Act, 1961 and Sections 498-A, 504, 506, 323 read with Section 34 of the Indian Penal Code, 1860.

3.

It is alleged by non-applicant no.2 in the first information report that after her marriage with applicant no.6 Chetan on 11.05.2011, she was suffered ill-treatment at the hands of the applicants. Due to that ill-treatment, she has lodged the police report against the applicants on 09.03.2022. 4.

The applicants challenged the first information report dated 09.03.2022 by way of present application before this Court. During the pendency of the present application, with the intervention of elders and relatives, the grievance of the parties has been amicably settled. The applicant no.1 and nonapplicant no.2 jointly filed affidavit dated 24.03.2025 before this court, stating therein that their matrimonial dispute has

4 APL510.22 been amicably resolved and non-applicant no.2 has resumed cohabitation at matrimonial home. Accordingly, they are now residing peacefully with mutual understanding. 5.

It is stated by non-applicant no.2 that in the light of mutual settlement and reconciliation between the parties, she do not want to keep continue criminal proceeding. Hence, nonapplicant no.2 withdraw all the allegations levelled against the applicants.

6.

The applicants and non-applicant no.2 are present in the Court and they are identified by their respective advocates. It is confirmed from non-applicant no.2 that she is ready to withdraw all the allegations in view of mutual settlement arrived between them and has no objection to quash the proceeding against all applicants. In view of amicable settlement between the applicants and non-applicant no.2, we proceed to pass the following order :

O R D E R

(i) Application is allowed.

(ii) First Information Report registered with

5 APL510.22 Police Station Shegaon, District-Buldhana, vide Crime No.0102/2022, dated 09.03.2022, under Sections 4 and 5 of the Dowry Prohibition Act, 1961 and Sections 498-A, 504, 506, 323 read with Section 34 of the Indian Penal Code, 1860 is hereby quashed and set aside.

(iii) Rule is made absolute in the aforesaid terms.

(Pravin S. Patil, J.) (Anil S. Kilor, J.) Gulande