Smt. Shobha Nitin Sharma v. The State Of Maharashtra Thr. P.S.O. Wadi Nagpur City

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 914/2018 1] Smt. Shobha Nitin Sharma, Aged about 30 years, Occ. Nil 2] Shri Nitin Rajendra Sharma, Aged about 33 years, Occ. Service 3] Shri Rajendra Swardin Sharma, Aged about 56 years, Occ. Service 4] Smt. Surekha Rajendra Sharma, Aged about 54 years, Occ. Nil All R/o. Defense Qtr. No. 9/52/3, Wadi, Nagpur City, Nagpur .... APPLICANT(S) // VERSUS // The State of Maharashtra, Through Police Station Officer, Wadi Nagpur City, Nagpur Dist. Nagpur .... NON-APPLICANT ___________________________________________________________________ Ms. S.B. Khobragade, Advocate for the applicant(s) Shri N.S. Rao, APP for the non-applicant ___________________________________________________________________ CORAM : Z.A.HAQ & AMIT B. BORKAR , JJ.

DATED : 01/02/2021 ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.) 1] Heard.

2] RULE. Rule made returnable forthwith.

3] This is an application under Section 482 of the Code of Criminal Procedure challenging registration of F.I.R. No. 143/2012 for the offences punishable under Sections 498-A and 34 of the Indian Penal Code with the non-applicant no. 1 - Police Station. The first information report came to be registered against the applicant nos. 2 to 4 with the accusations that the applicant nos. 2 to 4 physically and mentally harassed the applicant no. 1. Pending the investigation, the applicants have amicably resolved their dispute. The applicant no. 1 is the wife, the applicant no. 2 is the husband and applicant nos. 3 and 4 are the father and mother of the applicant no. 2. 4] During the pendency of the present application, the parties have arrived at amicable settlement before the Civil Judge Senior Division, Nagpur.

The terms of settlement between the applicant nos. 1 and 2 have been placed on record at page 74. The applicants have made categorical statement in the present application that they have amicably resolved their dispute which has been affirmed by the applicant no. 1 - wife. 5] In view of the amicable settlement arrived at between the applicant nos.

the learned Judicial Magistrate First Class, Nagpur. Taking into consideration the nature of the offences alleged against the applicant nos. 2 to 4 which are personal in nature, we are satisfied that the first information report registered against the applicant nos. 2 to 4 deserves to be quashed and set aside.

6] Hence, the following order:- F.I.R. No. 143/2012 registered with the non-applicant no. 1 - Police Station for the offences punishable under Sections 498-A and 34 of the Indian Penal Code against the applicant nos. 2 to 4 is quashed and set aside.

Rule is made absolute in the above terms.

JUDGE JUDGE