Mangesh S/O Nandlal Bagde And Others v. State Of Maharashtra And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.577 OF APPLICANT(S) : 1) MR. MANGESH S/O NANDLAL BAGDE, Aged 35 Years, Occupation Service, R/o Plot No. 56, Smruti Nagar, P.S. Wadi, Nagpur (Maharashtra State) 2) MRS. ANJU W/O NANDLAL BAGDE, Aged 55 Years, Occupation Household, R/o Plot No. 56, Smruti Nagar, P.S. Wadi, Nagpur (Maharashtra State) 3) MR. SHAMRAO S/O NAMDEO MESHRAM, Aged 49 Years, Occupation - Private, R/o Khaparkheda, Khankapur ward no. 2, Sai Near Sai Sankalp Sabhagruh, P.S.
Khaparkheda (Maharashtra State) 4) MRS. SHUBHANGI W/O SHAMRAO MESHRAM, Aged 40 Years, Occupation - Household R/o R/o Khaparkheda, Khankapur ward no. 2, Sai Near Sai Sankalp Sabhagruh, P.S. Khaparkheda (Maharashtra State).
..VERSUS..
NON-APPLICANT(S) :
1) STATE OF MAHARASHTRA, through Officer In-charge, Wadi Police Station, Nagpur, Tahsil & District Nagpur (Maharashtra State) 2) MRS. SUNITA W/O MANGESH BAGDE (MAIDEN NAME SUNITA D/o VYANKATRAO MESHRAM) Aged 32 Years, Occupation - Household, R/o C/o Vyankatrao Meshram, Plot No.
12, Near Vaishav Mata temple,
Vaishnavmata Nagar. Dattawadi, Nagpur (Maharashtra State) ------------------------------------------------------------------------------------------------------------------------------------ Adv. H.P. Joshi, for Applicant/s Mr. Anup Badar, Addl.PP for the non-applicant/State Mr. Pawan Sahare along with Mr. S.K. Bansode, Advocates for the non-applicant No.2 ------------------------------------------------------------------------------------------------------------
CORAM
: ANIL S. KILOR AND PRAVIN S. PATIL, JJ.
DATE : 5 th May, 2025 ORAL JUDGMENT : (Per : Anil S. Kilor, J.) 1.
At the outset, a request is made to amend the prayer clause.
The permission is granted. Amendment be carried out forthwith.
2.
Mr. Badar, Addl. PP, waives service of notice for the non-applicant No.1/State and Mr. Sahare, learned counsel, waives service of notice for the non-applicant No.2complainant. 3.
Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 4.
This is an application filed under Section 482 of the CrPC for quashing and setting aside the charge-sheet bearing
No.97 of 2017 dated 24.07.2017 arising out of the First Information Report (FIR) No.23 of 2017 dated 24.01.2017, registered with Police Station Wadi, Nagpur, for the offences punishable under Sections 498A, 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. 5.
The learned counsel for both sides, i.e. the applicants and the non-applicant No.2, made a joint statement that the matter has been settled amicably before the Mediation Centre at Family Court, Nagpur and accordingly, a report was submitted to the Family Court. It is pointed out that both the parties have acted upon the such statement and as per the said statement, they want to get the charge-sheet, arising out of the FIR in question, quashed.
6.
The non-applicant No.2-complainant is personally present before this Court and she has been identified by her Advocate.
7.
If the allegations made in the FIR are looked into, the same were of torture and harassment at the hands of the accused. Most of the allegations are vague and general in
nature.
8.
Be that as it may, in view of the statement, we are of the opinion that no purpose would be served even if the trial is conducted and in that case, the whole exercise would be futile. Accordingly, in view of the said settlement, we pass following order:
(i) The application is allowed.
(ii) The charge-sheet bearing No.97 of 2017 dated 24.07.2017 arising out of the First Information Report (FIR) No.23 of 2017 dated 24.01.2017, registered with Police Station Wadi, Nagpur, for the offences punishable under Sections 498A, 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, is hereby quashed and set aside against the present applicants.
Rule accordingly.
(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.)