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Bombay High CourtAPL/1562/2024allowed

Rahul S/O Gulabrao Satpute And 3 Others v. The State Of Maharashtra Thr. Pso, Wathoda, Nagpur And Another

2025-03-17Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Pravin S. Patil3 pages

2025:BHC-NAG:2829-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1562 OF 2024 1.

Rahul s/o Gulabrao Satpute (husband), age : 30 years, Occ : Job, HDFC Bank at Mumbai), Present r/o Mandewada Road, Nagpur Dist. Nagpur.

2.

Smt. Sangeeta w/o Gulabrao Satpute (Mother-in-law), age : 58 years,Occu.

Household.

3.

Gulabrao s/o Kisna Satpute, (Father-inlaw), Aged : 65 years, Occ : Retd, 2 and 3 R/o of kondhali, Tha-Katol, Dist.

Nagpur.

4.

Smt. Swati w/o Vijay Charpe (Sister-inlaw), Age : 32 years, occ Household, r/o Akola ... APPLICANTS

VERSUS

1.

State of Maharashtra, through P.S.O.

Wathoda, Nagpur.

2.

Smt. Trupti w/o Rahul Satpute, age :

25 years, Occu : Job, r/o c/o 136, Liladhar Charpe, Mahakalkar Layout, Chandrabhaga Nagar, Near S.P.

Public School, Dighori Naka, Nagpur, Dist. Nagpur.

... NON-APPLICANTS.

_____________________________________________________________ Shri N.S. Soni, Advocate for the applicants.

Mrs. Haider, Addl.P.P. for the non-applicant/State. Shri A.S. Tiwari, Advocate for non-applicant no.2. ____________________________________________ _________________ CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATE : 17.03.2025.

ORAL JUDGMENT : (Per : Nitin B. Suryawanshi, J.) RULE. Rule made returnable forthwith.

2.

This application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeks quashing of the chargesheet arising out of First Information Report bearing Crime No.223 of 2024 registered at Wathoda Police Station, Nagpur City for the offence punishable under Sections 498A read with Section 34 of the Indian Penal Code and proceedings of R.C.C. No.2341 of 2024 pending before the 21st Chief Judicial Magistrate First Class, Nagpur. The FIR lodged by non-applicant no.2 due to matrimonial dispute with her husband and in-laws.

3.

During the pendency of present application, applicant no.1 and non-applicant no.2 have amicably settled their matrimonial dispute. Affidavit to that efffect is filed by non-applicant no.2, wherein

it is stated that as per terms of settlement (Annexure R-2-A), she is withdrawing all the allegations made in the FIR in view of the mutual settlement of dispute.

4.

Applicant nos.1 to 3 and non-applicant no.2 are present in the Court, who are identified by their respective Counsel. Nonapplicant no.2 affirms about the amicable settlement of matrimonial dispute and states that she has no objection to quash the proceedings against all the applicants.

5.

In view of the above amicable settlement, no useful purpose would be serve by continuing prosecution against them. Hence, the criminal application is allowed. Charge-sheet arising out of First Information Report bearing Crime No.223 of 2024 registered at Wathoda Police Station, Nagpur City for the offence punishable under Sections 498A read with Section 34 of the Indian Penal Code and proceedings of R.C.C. No.2341 of 2024 pending before the 21st Chief Judicial Magistrate First Class, Nagpur, is hereby quashed and set aside. 6.

Criminal Application stands disposed of accordingly. (PRAVIN S. PATIL , J.

) (NITIN B. SURYAWANSHI , J.) Trupti