Sachin Ananta Kulkarni And Another v. State Of Mha. Thr. Pso Ps Chandrapur City Chandrapur And Another

1 1-J-APL-206-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 206 OF 2021 APPLICANTS : 1.

Sweta Shrikant Mamidpalliwar, Age : 38 years, R/o. Emami Swanlake Sangeet Nagar, Kukatpally, Hyderabad City, Telangana, India.

2.

Shrikant Mamidpalliwar, Age : 43 years, R/o. Emami Swanlake Sangeet Nagar, Kukatpally, Hyderabad City, Telangana, India.

V E R S U S NON-APPLICANTS : 1. State of Maharashtra Through Police Station Officer, Chandrapur City, Police Station, Chandrapur.

2. Smt. Snehal Sachin Kulkarni, Aged 28 years, R/o. C/o. Raju Damodar Galande, WCL Colony, DSM Quarter No.65, Lalpeth Colliery, Chandrapur.

WITH CRIMINAL APPLICATION (APL) NO. 77 OF 2023 APPLICANTS : 1.

Sachin Ananta Kulkarni, Aged : 37 Yrs., Occu. Service.

2.

Sau. Anita Ananta Kulkarni, Aged : 60 Yrs., Occu. Household.

Both R/o Plot No.158, Shivaji Ward No.9, Karnal Chowk, Rajura, Dist. Chandrapur.

V E R S U S NON-APPLICANTS : 1. State of Maharashtra Through Police Station Officer, Chandrapur City, Police Station, Chandrapur.

2 1-J-APL-206-21.doc

2. Smt. Snehal Sachin Kulkarni, Aged 28 Yrs., Occu. Household, R/o. C/o. Raju Damodar Galande, WCL Colony, DSM Quarter No.65, Lalpeth Colliery, Chandrapur.

------------------------------------------------------------------------------------------- Shri Apurv De, Advocate for applicants.

Shri S. S. Doifode, Additional Public Prosecutor for respondent No.1.

Ms. Sonali Khobragade, Advocate h/f Shri Mahesh Rai, Advocate for respondent No.2 in APL No.206/2021.

------------------------------------------------------------------------------------------- CORAM:- VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 23/01/2023.

ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

1.

Both applications arise out of Crime No.0034/2021 registered with Police Station, Chandrapur City for the offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code. By consent, both applications are taken together for final disposal.

2.

At the instance of report lodged by non-applicant No.2 - Smt. Snehal Sachin Kulkarni, concerned crime was registered against husband, brother-in-law, sister-in-law and husband of sister-in-law about matrimonial cruelty. By virtue of interim order of this Court, charge sheet has not been filed. 3.

During the pendency of first application, the parties arrived at amicable settlement. The couple is having a small child.

3 1-J-APL-206-21.doc They have mutually patched the differences and from the last six months, wife is staying with her husband at her matrimonial house. Since the settlement is in the form of re-union of couple that is very much substantial ground for us to invoke inherent powers so as to facilitate the couple to live happily. 4.

In view of the above, both applications are allowed. 5.

Crime No.0034/2021 registered with Chandrapur City, Police Station, Chandrapur for the offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code is hereby quashed and set aside.

6.

Both applications stand disposed of, in the above terms. 7.

The applications pending therein, if any, stand disposed of accordingly.

[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.] Choulwar VITHAL MAROTRAO CHOULWAR Date: 2023.01.25 11:00:10 +0530 VITHAL MAROTRAO CHOULWAR