Sau. Kavya Subhash Kukrejha And Others v. State Of Maharashtra Thr. P.S.O. Jaripatka, Nagpur
2025:BHC-NAG:5224-DB
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.631 OF 2025 1.
Sau. Kavya Subhash Kukrejha, aged 30 years, Occ. Nil, r/o Plot No. 793, Ahuja Nagar, Galli Number 11, Police Station, Jaripatka, Nagpur.
2.
Subhash s/o Ashok Kukrejha aged 30 years, r/o plot No. 793, Ahuja Nagar, Galli Number 11, Police Station Jaripatka, Nagpur.
3.
Sau. Madhu w/o Ashok Kukrejha, aged 55 years, Occ. r/o Plot No. 793, Ahuja Nagar, Galli Number 11, Police Station Jaripatka, Nagpur.
4.
Sau. Kavita @ Pooja Vikey Demla, aged 35 years, r/o Amravati, Police Station, Amravati.
5.
Sau. Kalpana @ Mahek Lucky Ajwani, aged 32 years, r/o Junardev, Police Station, Jabalpur, Madhya Pradesh.
... APPLICANTS
VERSUS
1.
State of Maharashtra, through P.S.O., Jaripatka, Nagpur.
... NON-APPLICANT(S).
_____________________________________________________________ Shri R.T. Anthony, Advocate for the applicants.
Mrs. N.R. Tripathi, Addl.P.P. for the State.
______________________________________________________________ CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.
DATE : 08.05.
2025.
ORAL JUDGMENT : (Per : Anil S. Kilor, J.) RULE. Rule made returnable forthwith.
2.
The charge-sheet bearing Criminal Case No.2516 of 2022 pending on the file of the learned Judicial Magistrate First Class, Nagpur arising out of First Information Report No.38 of 2022 registered with the Jaripatka Police Station, Nagpur City for the offence punishable under Sections 323, 498A, 504, 506 read with Section 34 of the Indian Penal Code, is sought to be quashed and set aside on the ground of settlement/compromise between the applicant nos. 1 and 2 before the Family Court, Nagpur.
3.
From the perusal of the record it is evident that the matrimonial discord between the parties has already been settled before the Family Court, Nagpur. Hence, as the complainant/wife does not want to prosecute the criminal prosecution, or 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) Charge-sheet bearing Criminal Case No.2516 of 2022 pending on the file of the learned Judicial Magistrate First Class, Nagpur arising out of First Information Report No.38 of 2022 registered with the Jaripatka Police Station, Nagpur City for the offence punishable under Sections 323, 498A, 504, 506 read with Section 34 of the Indian Penal Code, is sought to be quashed and set aside, is hereby quash and set aside.
(PRAVIN S. PATIL , J.
) (ANIL S. KILOR , J.
) Trupti