Madan S/O Shyamlal Rao v. State Of Maharashtra Thr Pso. Ps.Mouda And ANR.

2025:BHC-NAG:5207-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 410 OF 2025 Madan S/o Shyamlal Rao A/a - 23 Yrs., Occu. Private, R/o. C/o. Vimal Marotrao Dhopte, Plot No.83, Near Flour Mill, Vishwakarma Nagar, Hanuman Nagar, Nagpur - 440009 ... Applicant

Versus

1. State of Maharashtra Through Police Station Officer, Police Station Mouda, Nagpur

2. Sapna w/o Chakradhar Sahare A/a - 40 Yrs., Occu. Household, R/o. Behind Satyam Shivam Sundaram Apartment, House No.2523, Savitribai Fule Nagar, Parvati Nagar, Nagpur - 440027 ... Non-applicants

3. Kashish w/o Madan Shyamlal Rao (Maiden Name : Kashish d/o Chakradhar Sahare) A/a. 19 Yrs., Occ. Household, R/o. Behind Satyam Shivam Sundaram Apartment, House No.2523, Savitribai Fule Nagar, Parvati Nagar, Nagpur - 440027 Mr. R.N. Borwankar, Advocate for applicant.

Mr. A.B. Badar, APP for non-applicant/State.

Ms. Isha M. Bodhankar, Advocate for non-applicant Nos.2 & 3. CORAM :

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

DATE :

08.05.2025 ORAL JUDGMENT: (Per : Anil S. Kilor, J.)

Heard.

(2) RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(3) By this application, the applicant is seeking quashment of First Information Report No.190 of 2022 registered with the Mouda Police Station, Nagpur for the offence punishable under Section 363 of the Indian Penal Code.

(4) Learned Counsel for the applicant and learned Counsel for nonapplicant Nos.2 & 3 jointly made a statement that the dispute between the parties has been resolved amicably out of the Court. The non-applicant Nos.2 & 3 are personally present before the Court and have been identified by their counsel.

(5) The non-applicant Nos.2 and 3 stated that the dispute between the parties has been resolved with the aid and intervention of family and friends and therefore, non-applicant Nos.2 & 3 do not want to prosecute the criminal proceedings against the present applicant. (6) Since the parties have settled their dispute amicably, continuation of prosecution, even if the trial is conducted no fruitful purpose would be served. Accordingly, we pass the following order : (a) The Criminal Application is allowed.

(b) First Information Report No.190 of 2022 registered with the Mouda Police Station, Nagpur for the offence punishable under Section 363 of the Indian Penal Code, is hereby quash and set aside.

Rule is made absolute accordingly.

[Pravin S. Patil, J.] [Anil S. Kilor, J.] Prity