Aishwary S/O Jageswar Chandra And 3 Others v. The State Of Maharashtra Thr. Pso, Ganeshpeth Nagpur And Another

2025:BHC-NAG:614-DB 1 apl 1734.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No.1734/2024

1. Aishwary s/o Jageswar Chandra, Age about 29 years, Occ- Private.

2. Shashikala @ Pallavi d/o Jageswarprasad Chandra, Age about 31 years, Occ-Private.

3. Bisahin @ Basanti w/o Jageswarprasad Chandra, Age 53 years, Occupation-Household,

4. Jageswarprasad s/o Jaylal Chandra, Age about 62 years, Occ.Nil, All R/o Bandhawapara, Sarkanda, Tah and Dist Bilaspur (Chhattisgarh) .... Applicants - VERSUS -

1. The State of Maharashtra, through the Police Station Officer, Ganeshpeth, Nagpur.

2.Sau. Vijayalakshmi w/o Aishwarya Chandra Age about 33 years, Occ. Private, R/o. near DNR Travels Office, Infront of Agvaram Devi Mandir, Ganeshpeth, Nagpur. .... Non-applicants ----------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.A. Biranware, Advocate for for applicants. Mrs. S. Haider, APP for State.

Ms Afreen Naaz, Advocate for non-applicant no.2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------- CORAM : Nitin B. Suryawanshi & M.W. Chandwani, JJ.

DATE : 21-01-2025.

ORAL JUDGMENT (Per Nitin B. Suryawanshi, J.)

2 apl 1734.24.odt Rule. Rule made returnable forthwith. Heard by consent of the parties.

ii.

By this application filed under Section 482 of the Code of Criminal Procedure for quashing of First Information Report in Crime No.90/2023 registered with Ganeshpeth Police Station, Nagpur for offence punishable under Section 498-A r/w 34 of the Indian Penal Code (IPC) and further proceedings of Regular Criminal Case No.361/2024 pending in the Court of Judicial Magistrate First Class Court No.1, Nagpur. iii.

Proceeding arises out of matrimonial dispute and applicant no.1-husband and non-applicant no.2 wife have amicably settled their matrimonial dispute and have arrived at a settlement. By way of one time settlement, amount of maintenance of Rs. 7,00,000/- was decided to be paid to non-applicant no.2. Out of that amount, an amount of Rs. 5,00,000/- is paid and remaining amount of Rs. 2,00,000/- is agreed to be paid at the time of decision of divorce proceeding jointly filed by them bearing no.F/439/2024 in the Family Court Nagpur. Non-applicant no.2 has filed affidavit to that effect today.

3 apl 1734.24.odt iv.

On the previous date i.e. on 17-01-2025 applicant no.1 and non-applicant no.2 were present the Court and they have confirmed about their settlement of matrimonial dispute. They were identified by their respective advocates.

v.

In view of settlement of matrimonial dispute and as nonapplicant no.2 has no objection for quashing of the FIR and proceedings of Regular Criminal Case No.361/2024, application is allowed in terms of prayer clause (1).

vi.

Rule is made absolute in the aforesaid terms. (M.W. Chandwani , J. ) (Nitin B.

Suryawanshi , J. ) Deshmukh