Manish S/O Dnyaneshwar Sirsat v. State Of Mah., Thr. Pso Ps Frezapura Amravati

2025:BHC-NAG:4519-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 636 of 2019 Manish S/o Dnyaneshwar Sirsat, Aged about 37 years, Occupation : Advocate R/o Panchsheel Colony, Congress Nagar Road, Amravati ... Applicant // VERSUS // 1.

State of Maharashtra through Police Station Officer, Police Station Frezarpura, Amravati 2.

Sau. Pradnya Manish Sirsat, Aged about 35 years, Occupation : Assistant Teacher, R/o C/o R/o Wankhade, Shyam Nagar, Amravati, District Amravati ... Non-applicants Shri Ashish D. Girdekar, Advocate for the applicant. Shri A.R.Chutke, APP for the non-applicant no.1/State. Ms. Swati Kulkarni - Potey, Advocate for the non-applicant no.2. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.

DATED : 22nd APRIL, 2025.

ORAL JUDGMENT : (PER : PRAVIN S. PATIL, J.) Rule. Rule is made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken for final disposal. 2.

By this application, the applicant is challenging the registration of First Information Report for the offence punishable under

2/3 Sections 498-A, 323, 504, 506 of Indian Penal Code registered with Police Station Frezarpura, Amravati vide Crime No. 643 of 2019 dated 29th May, 2019.

3.

During the pendency of present application, the matrimonial dispute has been amicably settled between the parties. The non-applicant no.2 filed on record, the affidavit dated 29th January, 2025 stating that in the proceeding pending before the Family Court, Amravati, the matrimonial dispute has been amicably settled and she has agreed to withdraw all the allegations levelled against the applicant and now happily residing with the applicant. As such, she is enjoying the happy married life and willing to withdraw all the criminal cases against the applicant to enjoy her future life. In support of same, she has placed on record the terms of agreement recorded before the Family Court, Amravati.

5.

In the case of B.S.Joshi and others Vs. State of Haryana and another reported in 2003(4) SCC 675 as well as in the case of Narinder Singh and others Vs. State of Punjab and another reported in 2014(6) SCC 466, it is held that it is the duty of the Court to encourage genuine

3/3 settlement in matrimonial dispute particularly when parties have resolved their entire dispute amongst themselves.

6.

In view of the factual as well as legal position, there is no impediment to accept the amicable settlement arrived between the applicant and non-applicant no.3, we proceed to pass the following order.

ORDER

i.

Criminal application is allowed ii.

First Information Report vide Crime No. 643 of 2019 dated 29th May, 2019 for the offence punishable under Sections 498-A, 323, 504, 506 of Indian Penal Code registered with Police Station Frezarpura, Amravati is hereby quashed and set aside against the applicant - Manish S/o Dnyaneshwar Sirsat.

Rule is made absolute in aforesaid terms. No order as to costs. [PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.]