Neeraj S/O Ashok Shukla And 3 Others v. State Of Mah. Thr. Pso Ps June Shahar Akola Dist.Akola And Another

1 39-J-APL-1249-22-corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1249 OF 2022 APPLICANTS : 1.

Neeraj S/o Ashok Shukla (Accused) Aged about 30 years, Occupation : Private Job, 2.

Ashok S/o Jalamprasad Shukla, Aged about 54 years, Occupation : Nil, 3.

Grishma W/o Ashok Shukla, Aged about 51 years, Occupation : Household, 4.

Pankaj S/o Ashok Shukla Aged about 26 years, Occupation : Private Job, Nos.1 to 4 all R/o. Purva Apartment, Ramdaspeth, Akola, Distt. Akola.

V E R S U S RESPONDENTS :

1. State of Maharashtra through Police Station Officer, Police Station June Shahar, Akola, District - Akola.

(Complainant)

2. Shraddha W/o Neeraj Shukla Aged about 28 years, Occupation : Household, R/o. Purva Apartment, Ramdaspeth, Akola, Distt. Akola.

------------------------------------------------------------------------------------------- Shri D. V. Mahajan, Advocate for applicants.

Shri N. R. Rode, Additional Public Prosecutor for respondent No.1. Shri Pushkar Lawankar, Advocate for respondent No.2. ------------------------------------------------------------------------------------------- CORAM:- VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 19/06/2023.

2 39-J-APL-1249-22-corrected.doc ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

1.

Admit. Heard finally with the consent of learned counsel appearing for the parties.

2.

This is an application in terms of Section 482 of the Code of Criminal Procedure seeking to quash FIR in Crime No.0332/2021 for the offences punishable under Sections 498-A, 504 and 506 r/w Section 34 of the Indian Penal Code along with RCC No.919/2021 is corrected as per Court order dated 27.06.2023.

related charge sheet bearing RCC No.919/2021 pending on the file of Judicial Magistrate First Class, Akola on account of settlement. 3.

The applicants are husband, parents-in-law and brother-in-law of informant lady. The couple got married on 15/05/2019. After initial days, there was matrimonial dispute. Therefore, on 17/02/2020, the wife started living separately. Since there was matrimonial harassment, she has lodged the report for aforesaid offence. The investigation is complete and charge sheet has been filed.

4.

With the intervention of the relatives, the matter was amicably settled. The wife has also filed proceedings before the Family Court under Section 125 of the Code of Criminal Procedure. In said proceedings, both have filed a joint application

3 39-J-APL-1249-22-corrected.doc about the settlement of the dispute on which the proceeding was discontinued by Family Court. Today, informant lady is present before us and has been identified by her Advocate Shri Pushkar Lawankar.

5.

The informant stated that the family dispute has been settled and since 25/08/2021, she is residing along with her husband and thus, she has no objection to quash the proceedings. 6.

Having regard to the fact that the couple is residing together, it is necessary to quash the proceedings to facilitate them to remain united. Therefore, in order to secure the ends of justice, we deem it appropriate to quash the proceedings. 7.

In view of that, application is allowed. We hereby quash and set aside the FIR in Crime No.0332/2021 for the offences punishable under Sections 498-A, 504 and 506 r/w Section 34 of the Indian Penal Code along with related charge sheet bearing RCC No.919/2021 is corrected as per Court order dated 27.06.2023.

RCC No.919/2021 pending on the file of Judicial Magistrate First Class, Akola.

[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.] Choulwar