Sudesh Vishwasrao Wankhade And 5 Others v. The State Of Mah. Thr. Pso Ps Paratwada Tq.Achalpur Dist.Amravati And Another

2024:BHC-NAG:9892-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1135/2024 1.

Sudesh Vishwasrao Wankhade, aged 55 yrs., Occ. Private Job, R/o. Flat No.2, Rukhmani Complex, Mahindra Colony, Jaitala, Nagpur.

2.

Devendra Vishwasrao Wankhande, aged 69 yrs., Occ. Retired, R/o. behind Bhim Tekdi, Benoda Jahagir, Rukhmini Nagar, S.O. Amravati.

3.

Malti Devendra Wankhade, aged 57 yrs., Occ. Household, R/o. behind Bhim Tekdi, Benoda Jahagir, Rukhmini Nagar, S.O. Amravati.

4.

Kranti Devendra Wankhade, Aged 32 yrs., Occ. Lecturer, R/o. behind Bhim Tekdi, Benoda Jahagir, Rukhmini Nagar, S.O. Amravati.

5.

Agnesh Devendra Wankhade, aged 29 yrs., Occ. Pvt Job, R/o. behind Bhim Tekdi, Benoda Jahagir, Rukhmini Nagar, S.O. Amravati.

6.

Milind Ambadas Wankhade, Aged adult, Occ. Govt. Service, R/o. near Shegaon Naka, Abhinav Colony, Amravati.

... APPLICANTS

VERSUS

1.

The State of Maharashtra, through Police Station Officer, Police Station Paratwada, Taluqa Achalpur, Dist. Amravati.

2.

Sau. Varsha Sudesh Wankhade, aged Adult, Occ. Household, R/o. Flat No.2, Rukhmani Complex, Mahindra Colony, Jaitala, Nagpur.

...NON-APPLICANTS --------------------------------- Mr. S. Dhoke, Advocate for applicants.

Mr. A Chutke, APP for non-applicant No.1.

Mr. L.S. Dadmal, Advocate for non-applicant No.2. ---------------------------------- CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 30.08.2024.

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

2.

Admit.

3.

This is an application seeking to quash criminal prosecution bearing RCC No. 170/2023 arising out of crime No. 269/2023 registered with Police Station Paratwada, Tal. Achalpur, Dist. Amravati for the offence punishable under Sections 498-A, 504 read with Section 34 of the Indian

Penal Code on account of settlement.

4.

In pursuance of notice, non-applicant No.2 informant lady appeared through Advocate and filed short reply stating about settlement and no objection. The informant is present before us who is identified by her counsel Mr. L.S. Dadmal. On our query, informant has accepted the settlement and her no objection to quash the proceeding. She has stated that in maintenance proceeding, the matter was settled and from 17.07.2023 she is residing with the applicant No.1 husband.

5.

Since there is re-union of couple, it is well justified to quash the proceeding to secure the ends of justice.

6.

In view of above, application is allowed. We hereby quash and set aside criminal prosecution bearing RCC No. 170/2023 arising out of crime No. 269/2023 registered with Police Station Paratwada, Tal. Achalpur, Dist. Amravati for the offence punishable under Sections 498-A, 504 read with Section 34 of the Indian Penal Code on account of settlement.

7.

Application stands disposed of in above terms. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Gohane