Ravi S/O Narendrakumar Bharadwaj And Anothe R v. The State Of Maharashtra Thr. Ps, Kalamana, Tq. And Dist Nagpur And Another

2025:BHC-NAG:9642-DB 1 39.APL.1609-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 1609 OF 2024 ( Ravi S/o Narendrakumar Bharadwaj & Anr.

Vs.

State of Maharashtra, Thr. Police Station Kalamana, Tq. & Dist. Nagpur & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.G. Waghmare, Advocate for the Applicants. Mr. Neeraj Jawade, APP for the Non-applicant No.1/State. Mr. Junaid Ahmed, Advocate for the Non-applicant No.2. CORAM: URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATED : 22nd SEPTEMBER, 2025 1.

The present Application is preferred by the Applicants who are the husband and father-in-law of the Informant/Non-applicant No.2 for quashing of the FIR in connection with Crime No.614/2024 registered with Police Station, Kalamna, Nagpur under Sections 85, 115(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.

The crime is registered on the basis of the report lodged by the Informant/Non-applicant No.2 on an allegation that her marriage was performed with the Applicant No.1. After marriage she resumed cohabitation but she was not treated well and illtreated, and therefore, she constrained to leave the matrimonial house. On the basis of the said report Police have registered the crime against the present Applicants.

2 39.APL.1609-2024.odt 3.

During the pendency of this Application, both the parties have arrived at settlement and joint affidavit is filed on record. As per the settlement terms they have decided to obtain the decree of dissolution of marriage, which application is pending before the Family Court, Nagpur. The contents of the settlement terms are verified from the Applicants as well as the Non-applicant No.2. They have agreed and accepted the same.

4.

Admittedly, on the basis of the FIR lodged by the Non-applicant No.2, the entire Police machinery was set in motion. In view of that, the Application deserves to be allowed, subject to the cost.

5.

In view of the observations of the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab, reported in (2012) 10 SCC 303, wherein the Court observed that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor.

6.

In view of the above observations, the Application deserves to be allowed. Accordingly, we proceed to pass the following order.

3 39.APL.1609-2024.odt

O R D E R

i.

The Application is allowed.

ii.

The First Information Report bearing Crime No.614/2024 registered with Police Station, Kalamna, Nagpur under Sections 85, 115(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 is hereby quashed, subject to the cost of Rs.20,000/- by the Applicant Nos. 1 and 2 and Rs.20,000/- by the Non-applicant No.2 to be paid to the Police Welfare Fund, Nagpur and compliance be reported to this Court.

7.

Pending application/s, if any, shall stand disposed of accordingly.

(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) SD. Bhimte