Pratik Shashikant Tetu (Husband) And Others v. State Of Mah. Pso, Ps,Morshi, Tq. Morshi Dist. Amravati And Another.

2024:BHC-NAG:6982-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1535 OF 2023 1.

Pratik Shashikant Tetu Age- 32 years, Occ. Service, 2.

Sau. Meena Shashikant Tetu, Age-59 years, Occ. Household 3.

Ku. Sampada Shashikant Tetu, Age-26 years, Occ. Student, All applicants 1 to 3 R/o Shrikrushna Nagar, Chandur Bazar, Tq. Chandur Bazar, Dist.

Amravati 4.

Dnyaneshwar Sheshraoji Bhore Age-63 years, Occ. Retired R/o Mahatma Fule Colony, Chandur Bazar, Tq. Chandur Bazar, Dist.

Amravati 5.

Sau. Apeksha Sagarrao Virkhare Age - 33 years, Occ. Household, R/o Gurudev Nagar, Kathora Road, Amravati, Tq. & Dist. Amravati ...Applicants // VERSUS // 1.

State of Maharashtra, through Police Station Officer, Police Station Morshi, Tq. Morshi, Dist. Amravati 2.

Sau. Radhika Pratik Tetu, Radha Arunrao Solav, Age 26 years, Occup.

Household, R/o C/o Arunrao Eknathrao Solav, Ajmire Layout, Nandsmith Colony, behind APMC Morshi, Tq. Morshi, Dist. Amravati ... Non-applicants ------------------------------------------------------------------------------------- Mr. P.S.Patil, Advocate for the applicants.

Mr.M.K.Pathan,AGP for the non-applicant/State. -------------------------------------------------------------------------------------

2/3 CORAM : SMT. VIBHA KANKANWADI, AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 21st June, 2024.

ORAL JUDGMENT : [ PER : MRS. VRUSHALI V. JOSHI, J.] 1.

Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2.

The non-applicant No.2 has lodged the complaint against her husband and his relatives for mental and physical cruelty and the offence bearing Crime No. 0485 of 2023 is registered by Police Station Morshi district Amravati, for the offence punishable under Sections 498-A, 504, 506 r/w 34 of Indian Penal Code.

3.

The marriage of non-applicant no.2 and applicant no.1 was performed on 28th February, 2023. Thereafter, she stayed for a short period with applicant nos.1,2 and 3, who are husband, mother-in-law and sister-in-law of non-applicant No.2. Applicant no.4 is husband of maternal aunt of applicant no.1 and applicant no.5 is maternal sister of applicant no.1. She has made an allegations about demand and mental cruelty by all the family members.

4.

Before registration of crime the matter was settled between the parties and they decided to get divorce by mutual consent. But, again the non-applicant no.2 changed her mind and denied for settlement and the crime is registered. Thereafter, the charge-sheet is also filed. During pendency of this petition, the matter was settled between the parties and

3/3 they filed the petition under Section 13-B of Hindu Marriage Act for mutual divorce. Thereafter both the parties jointly filed the petition before this Court as the compromise took place between all of them. The pursis is filed on record about returned of ornaments and household articles to each other.

5.

As the matter is settled between both the parties, it will be futile exercise to ask the applicants to face the trial. Hence the criminal proceedings pending before the Judicial Magistrate First Class, Morshi in RCC No. 269 of 2023 arising out of Crime No.0485 of 2023, registered with Police Station Morshi, District Amravati, for the offence punishable under Sections 498-A, 504, 506 r/w 34 of Indian Penal Code against applicant no. 1 Pratik Shashikant Tetu, applicant no.2 Sau. Meena Shashikant Tetu, applicant no.3 Ku. Sampada Shashikant Tetu, applicant no.4 Dnyaneshwar Sheshraoji Bhore and applicant no.5 Sau. Apeksha Sagarrao Virkhare is hereby quashed and set aside.

6. Criminal application stands disposed of. [MRS. VRUSHALI V. JOSHI, J.] [SMT. VIBHA KANKANWADI, J.]