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Bombay High CourtAPL/613/2025allowed

Mukesh Lakhraj Goplani And Others. v. State Of Maharashtra Through The Police Station Officer Jaripatka Police Station And ANR.

2025-05-06Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Shri Justice Pravin S. Patil3 pages

2025:BHC-NAG:4931-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.613 OF 2025 1.

Mukesh s/o Lakhraj Goplani, aged : 33 years, Occ. Business.

2.

Shri Lakhraj s/o Bhojraj Goplani, aged about - years, Occ. Business.

3.

Smt. Mamta w/o Lakhraj Goplani, aged :

years, Occu. Household.

All r/o Ambe Niwas Sindhi Colony, B/H Mata Mandir, Gondia - 441 601 Maharashtra.

... APPLICANTS

VERSUS

1.

The State of Maharashtra, through Police Station Officer, Jaripatka Police Station, Nagpur - 440 014 2.

Smt. Mayuri w/o Mukesh Goplani, aged about 24 years, occ. Household, r/o Shree Shirangi Maharaj Road, Gurunanak Nagar Jaripatka, Nagpur - 440 014 ... NON-APPLICANT(S).

_____________________________________________________________ Shri Sahil Dewani, Advocate for the applicants. Shri G.S. Umale, Addl.P.P. for the State.

Ms Shabana Khan, Advocate for non-applicant no.2. ______________________________________________________________

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

DATE : 06.05.

2025.

ORAL JUDGMENT : (Per : Anil S. Kilor, J.) Heard. Issue notice to the non-applicants, returnable forthwith.

2.

RULE. Rule made returnable forthwith.

3.

By this application, the applicants are seeking quashment of charge-sheet bearing R.C.C. No. 2787 of 2023 pending on the file of the Judicial Magistrate First Class, Nagpur arising out of First Information Report No.185 of 2023 registered with the Jaripatka Police Station, District Nagpur for the offence punishable under Sections 498A, 504 read with Section 34 of the Indian Penal Code. 4.

Learned Counsel for the applicants and non-applicant no.2 made a joint submission that the parties have settled the matter and non-applicant no. 2 does not want to prosecute the present criminal proceedings against the present applicants.

5.

The applicant no.1 is the husband, applicant no.2 is the father-in-law and applicant no.3 is the mother-in-law of non-applicant no.2.

6.

Though the matter is settled, we have perused the allegations made in the FIR. From which it is apparent that most of the allegations are general and vague.

7.

In these circumstances, since the matter has already been settled between the parties, and non-applicant no.2 does not want to prosecute the criminal proceeding against them, 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 R.C.C. No. 2787 of 2023 pending on the file of the Judicial Magistrate First Class, Nagpur arising out of First Information Report No.185 of 2023 registered with the Jaripatka Police Station, District Nagpur for the offence punishable under Sections 498A, 504 read with Section 34 of the Indian Penal Code is hereby quash and set aside.

(PRAVIN S. PATIL , J.

) (ANIL S. KILOR , J.

) Trupti