Manohar Lal Ambalal Gurjar v. The State Of Maharashtra Thr. Pso Kalamb And Dist.Yavatmal And Another
2025:BHC-NAG:2308-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 485/2024 .
1.Manoharlal Ambalal Gurjar, Age 33 years, Occupation - Service, resident of Sawar Road, Bhatoli Gujuran Nada Khed, Tq. Dungla and District Chittorgarh, Rajasthan.
2.Baggu Devi w/o Rameshwarji Gurjar, Age 48 years, Occupation - Homemaker, resident of Akola Road, Chikarda, District Chittorgarh, (Rajasthan).
(Sister-in-law) 3.Maya d/o Rameshwarji Gurjar, Age 23 years, Occupation - Homemaker, resident of Gurjaro ki Gali, Akola Road, Chikarda, District Chittorgarh, (Rajasthan).
(Niece) ... APPLICANTS.
VERSUS
1.State of Maharashtra, through Police Station Officer, Kalamb, and District Yavatmal.
2.Mayuri Manohar lal Gurjar, Age 24 years, Occupation - Nil,
resident of c/o. Maroti Ganbaji Ghode, at Post Sonegaon (Ruikar), Tq. Kalamb, and, District Yavatmal.
... NON-APPLICANTS.
--------------------------------- Mr. A.Y. Dabli, Advocate for Applicants.
Ms M. Deshmukh, A.P.P. for Non-applicant No.1/State. Mr. R.Khan, Advocate h/f. Mr.Y.K. Dhande, Advocate for Nonapplicant No.2. ---------------------------------- CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL , JJ.
DATE : FEBRUARY 20 , 2025.
ORAL JUDGMENT (Per N.B. Suryawanshi, J.) :
Rule. Rule is made returnable forthwith. By consent of learned Counsel present for the parties, the matter is taken up for final disposal.
2.
This application filed under Section 482 of the Criminal Procedure Code seeks quashing of the First Information Report No.243/2023 registered at Kalamb Police Station, District Yavatmal
for offence under Section 498-A read with Section 34 of the Indian Penal Code and consequential proceeding arising from it i.e. Regular Criminal Case No.13/2024 pending on the file of learned Judicial Magistrate First Class, Kalamb.
3.
The first information report in question is lodged by nonapplicant no.2 alleging ill-treatment at the hands of applicants. During pendency of the matter, parties have amicably settled the matrimonial dispute between applicant no.1 and non-applicant no.2. Joint affidavit is filed by them stating that the dispute is amicably settled with the intervention of elders, and as per settlement they have filed proceedings for divorce by mutual consent. As per settlement, applicant no.1 has agreed to pay an amount of Rs.6 lakhs towards full and final settlement of maintenance, out of which, Rs.3 lakhs is already paid to non-applicant no.2. Non-applicant No.2 has also received back the marriage gifts/ articles, jewelry etc. 4.
On last date both parties appeared before the Court and confirmed about settlement of their matrimonial dispute. Non-
applicant no.2 has also given no objection to quash the proceedings. In that view of the matter, Criminal Application is allowed. The first information report No.243/2023 registered at Kalamb Police Station, District Yavatmal for offence under Section 498-A read with Section 34 of the Indian Penal Code and consequential proceeding arising from it i.e. Regular Criminal Case No.13/2024 pending on the file of Judicial Magistrate First Class, Kalamb, is hereby quashed and set aside.
5.
Rule is made absolute accordingly.
JUDGE JUDGE