Vivek Pradip Bawankule And Others v. The State Of Maharashtra Through Police Station Officer, Ps Warora, Dist.Chandrpur And Another.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1479/2023

1. Shri Vivek s/o Pradip Bawankule, aged about 28 yrs., Occ. Mechanic,

2. Sou. Sneha w/o. Pradip Bawankule, Aged about 55 yrs., Occ. Service,

3. Shri Pradip Manohar Bawankul, aged about 60 yrs., Occ. Retired, Nos. 1 to 3 R/o. Kesalwada Phata Murmadi, Lakhni, Tah. & Dist. Bhandara.

4. Shri Ramkrushna @ Shrikrushna Yeole, aged about 77 yrs., Occ. Retired Teacher,

5. Shri Raju s/o. Ramkrushna @ Shrirkrushna Yeole, aged about 47 yrs., Occ. Business,

6. Smt. Aruna Ramkrushna @ Shrikrushna Yeole, Aged about 50 yrs., Occ. Service,

7. Smt. Rakhsa @ Kalpana Haridas Lanjewar, aged about 45 yrs., Occ. Service,

8. Shri Haridas Lanjewar, aged about 50 yrs., Occ. Service, Nos. 4 to 8 R/o. Shree Xerox, besides Police Station, Umred Tahsil Umred, Dist. Nagpur.

9. Smt. Priya Sushil Girpunje, Aged about 35 yrs., Occ. Household, R/o. Kesalada Phata Murmadi Lakhni, Tah. & Dist. Bhandara.

...APPLICANTS

VERSUS

1.

The State of Maharashtra, through Police Station Officer, Police Station Warora, Dist. Chandrapur.

2.

Sou. Aparna w/o. Vivek Bawankule, aged about 30 yrs., Occ. Service, presently R/o. C/o. Vijay Laxman Balpande, Ward No.1, Kambada, Tah. Warora, Dist. Chandrapur.

NON-APPLICANTS ------------------------------------------------------------------------------------- Mr. Prakash Randive, Advocate for applicants. Mrs. M. Deshmukh, APP for non-applicant No.1. Mr. Roshan S. Kale, Advocate for non-applicant No.2. ------------------------------------------------------------------------------------- CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATE : 04.02.2025 ORAL JUDGMENT : (PER:

NITIN B. SURYAWANSHI , J.

) Rule. Rule made returnable forthwith. Heard with the consent of the parties.

3.

By this application filed under Section 482 of the Code of Criminal Procedure, applicant No.1 (husband) and applicant Nos. 2 to 6 (in-laws of non-applicant No.2) seek quashing of the proceedings

of First Information Report ('FIR') bearing Crime No. 29/2023, registered with Police Station Warora, District Chandrapur for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code. FIR is out come of the matrimonial dispute between applicant No.1 Vivek Bawankule (husband) and non-applicant No.2 Sau. Aparna Bawankule (wife).

4.

During the pendency of present application, applicant No.1 and non-applicant No.2 have amicably settled their matrimonial dispute. Pursuant to the settlement, they have filed HMP No. 5/2025 under Section 13(B) of the Hindu Marriage Act, 1955 to obtain divorce by mutual consent. In the petition which is placed on record, they have averred that the matrimonial dispute between them is amicably settled and they have decided to live separately by obtaining divorce by mutual consent. It is further mentioned that husband has agreed to pay Rs. 9,00,000/- towards full and final settlement, out of which, wife has received an amount of Rs. 5,00,000/-(Rs. 1,00,000/- by cash on 04.01.2025 and Rs. 4,00,000/- by Check of Bank of India, dated 07.01.2025). The remaining amount of Rs. 4,00,000/- will be

paid at the time of filing of evidence affidavit in the Hindu Marriage Petition.

5.

Applicant No.1 Vivek and non-applicant No.2 Aparna both are present in the Court today. They are identified by their respective counsel. They confirm settlement of their matrimonial dispute. By filing affidavit, Aparna has confirmed about settlement of matrimonial dispute and has affirmed that she has no objection, if the proceedings are quashed.

6.

In view of amicable settlement between the parties, application is allowed. FIR bearing Crime No. 29/2023, dated 11.01.2023 registered with Police Station Warora, District Chandrapur against the applicants for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code is hereby quashed and set aside 7.

Rule is made absolute in above terms.

( PRAVIN S. PATIL, J.

) ( NITIN B. SURYAWANSHI , J.) Gohane