Anil Pundlik Dharpure And Others. v. The State Of Maharashtra Thr Pso Ps Wathoda Dist Nagpur And ANR.

2025:BHC-NAG:7722-DB 1 apl 845.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 845 OF 2025 [Anil Pundlik Dharpure and ors. vs. The State of Maharashtra, through P.S.O., P.S., Wathoda, Dist. Nagpur and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. M. R. Pande, Advocate for the applicants Ms. R. V. Sharma, APP for the State/non-applicant no. 1 CORAM: ANIL L. PANSARE AND M. M. NERLIKAR, JJ.

DATED : 05-08-2025.

Heard.

2.

Learned counsel for the applicants has tendered across bar joint affidavit stating therein that the parties have settled the dispute amicably. Applicant no. 1 Anil and non-applicant no. 2 Priyanka have decided to resolve the dispute and decided to stay together.

3.

The applicants and non-applicant no. 2 are present before the Court. We have interacted with them. They have stated that the dispute is willingly settled. We appreciate the decision taken by the couple. They are blessed with daughter. 4.

That being so, though the offence punishable under Section 498A of the Indian Penal Code is non cognizable, considering the fact that the parties have settled the dispute and decided to reside together, continuation of prosecution will yield no useful result, rather will amount to abuse of process of law.

5.

We are, therefore, of the view that the powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 could be invoked. Accordingly, the application is allowed in

2 apl 845.2025 terms of prayer clause (i) which reads thus : "(i) Quash and set aside the charge-sheet, pending in the Hon'ble Court of Judicial Magistrate First Class (Court No. 9), Nagpur bearing Regular Criminal Case No. 2269/2022, against the applicants/accused for an offence punishable u/s 498A r/w 34 of Indian Penal Code (Annexure - A)."

5.

The application is disposed of in above terms. (M. M. NERLIKAR, J.) (ANIL L. PANSARE, J.) wasnik