Vineeth Bajaj S/O Dr. Anand Bajaj And Another v. State Of Mah. Thr. Pso Bhandara And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL) NO. 982/2021

1. Vineeth Bajaj s/o. Dr. Anand Bajaj, Aged about 35 yrs., Occ. Service,

2. Girija w/o. Anand Bajaj, age about 54 yrs., Occ. Service, Both R/o. B-Block, Renuka Shakthi Apartment, 214, Opp. Bharatiya Vidya Bhavan, Kind Kothi Road, Basheerbagh, Hyderabad, Telangana.

... APPLICANTS

VERSUS

1. The State of Maharashtra, through Police Station Officer, Bhandara, Maharashtra.

2. Smt. Pragna w/o. Vineeth Bajaj, d/o. Ganesh Agarwal, aged about 31 yrs., R/o. Dwara Ganesh Agarwal, Vidyanagar, Bhandara-441904.

...NON-APPLICANTS --------------------------------- Mr. V.P. Bage, Advocate h/f Mr. A.C. Jaltare, Advocate for applicants.

Mr. V. A. Thakare, APP for non-applicant No. 1/State. Mrs. D. I. Charlewar, Advocate for non-applicant No.2. ---------------------------------- CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 01.08.2023.

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

2.

Admit.

3.

This application seeks to quash First Information Report ('FIR') vide Crime No. 274/2021 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code registered with Police Station Bhandara, Maharashtra on account of settlement.

4.

Couple got married on 10.12.2018. After few days from the marriage, there was matrimonial discord, hence informant lady started to reside separately within one year from the marriage. Feeling matrimonial harassment, the informant lady has lodged report. During pendency of this application, the parties have amicably settled the dispute. It was decided that applicant No. 1 would pay total alimony Rs. 17,50,000/- and parties would obtain decree of divorce. In accordance with settlement, the total alimony has been paid and decree of divorce has been passed. 5.

The informant-lady is present before us who is identified by her counsel Mrs. D. I. Charlewar, learned counsel. On our query,

the informant accepted the settlement and gave no objection to quash FIR. Moreover, informant has also filed reply stating about the settlement. This being matrimonial dispute, we find no reason to deny invocation of inherent powers.

6.

In view of above, application is allowed. We hereby quash and set aside FIR vide Crime No. 274/2021 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code registered with Police Station Bhandara, Maharashtra on account of settlement.

7.

Application stands disposed of in above terms. (VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) Gohane JITENDRA BHARAT GOHANE 04.08.2023 15:20