Sandeep Murlidharrao Bhakre (Husbund) v. The State Of Maharashtra Thr. Pso, Civil Lines, Akola Tq. And Dist. Akola And Antohter

2024:BHC-NAG:11853-DB 1 25

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1419 OF 2024 SANDEEP MURLIDHARRAO BHAKRE

VERSUS

THE STATE OF MAHARASHTRA THR. PSO, CIVIL LINES, AKOLA TQ. AND DIST. AKOLA 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. Kulsange, Advocate for the applicant/s Ms N.R. Tripathi, APP for the State Mr. Vandan Gadkari, Advocate for the informant. CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 18/10/2024.

Heard.

By this application, the applicant is seeking to quash First Information Report vide Crime No.90/2023 registered with Police Station Civil Lines, Akola for the offence punishable under Sections 323, 504, 498-A, 506 read with Section 34 of the Indian Penal Code.

It is informed that yet charge-sheet has not been filed. The couple got marriage in the year 2005 and having two children. After three years from marriage, facing matrimonial harassment, a report has been lodged. With the aid of intermention of the relatives, the matter has been settled. The parties have severe matrimonial ties permanently by obtaining a decree of divorce. As per the terms of settlement, the husband had paid Rs.31,50,000/- for wife and children.

Today, the informant is present. The informant has appeared before us through Advocate. She has filed short reply, stating

2 25 about the settlement and her no objection to quash the proceedings.

We have verified contents with the informant to which she admits. It is a matrimonial dispute which cannot be termed as heinous or antisocial. Having regard to the settlement, continuation of prosecution would be an abuse of the process of Court. Hence, we pass the following order:

(i) The Criminal Application is allowed.

(ii) We quash and set aside the First Information Report vide Crime No.90/2023 registered with Police Station Civil Lines, Akola for the offence punishable under Sections 323, 504, 498-A, 506 read with Section 34 of the Indian Penal Code, against the applicant.

The application is disposed of.

(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA