Rukmini Machindra Gadade And Another v. State Of Mah. Thr. Pso, Dabki Road, Akola And Another.

2025:BHC-NAG:2313-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [APL] Nos. 4 & 65 OF 2023. .........

Criminal Application (APL) No. 4/2023.

1.Rukhmini Machindra Gadage, Aged 60 years, Occupation - Household, resident of Gaudwadi Sangola, Taluka and District Solapur.

2.Yashwant Machindra Gadage, Aged 42 years, Occupation - Household, resident of Gaudwadi Sangola, Taluka and District Solapur.

... APPLICANTS.

VERSUS

1.State of Maharashtra, through Police Station Officer, Dabki Road, Akola.

2.Smt.Kanchan Appasao Gadade, Aged 36 years, Occupation - Teacher, resident of Devkabai Nagar, c/o. Ramesh Jadhav, Bhirawadi, Dabki Road, Akola.

... NON-APPLICANTS.

WITH Criminal Application (APL) No. 65/2023.

1.Appasao Machindra Gadage, Aged 45 years, Occupation - Assistant Proefessor, resident of c/o. Vishwaram Bansal, Prem Nagar, Thapar Polytechnic Gate, Patiala, Punjab.

... APPLICANT.

VERSUS

1.State of Maharashtra, through Police Station Officer, Dabki Road, Akola.

2.Smt.Kanchan Appasao Gadade, Aged 36 years, Occupation - Teacher, resident of Devkabai Nagar, c/o. Ramesh Jadhav, Bhirawadi, Dabki Road, Akola.

... NON-APPLICANTS.

--------------------------------- Mr. A.R. Fule, Advocate for Applicants.

Mr. G. Umale, A.P.P. for Non-applicant No.1/State. Mr. P.S. Girdekar, Advocate for Non-applicant No.2. ---------------------------------- CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL , JJ.

DATE : FEBRUARY 20 , 2025.

ORAL JUDGMENT (Per N.B. Suryawanshi, J.) :

Rule. Rule is made returnable forthwith. By consent of learned Counsel present for the parties, matters are taken up for final disposal.

2.

These applications are filed for quashing of First Information Report No.175/2022 registered at Dabki Road Police Station, District Akola for offence under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code at the instance of non-applicant no.2.

3.

Applicant Appasao Machindra Gadade and non-applicant no.2 Smt. Kanchan Appasao Gadade have amicably settled their matrimonial dispute out of the Court. Pursuant to the settlement they have also obtained divorce by mutual consent from the Family Court, Akola in proceeding bearing Petition No.A-25/2025. Non-applicant no.2 has also filed affidavit confirming the settlement of dispute.

4.

Applicant - Appasao and non-applicant no.2 Smt. Kanchan have appeared through V.C. They are identified by their respective Counsel. Non-applicant no.2 has stated that in view of the settlement, she has no objection to quash the proceeding against applicants.

5.

Since the matrimonial dispute is settled, both the Criminal Applications are allowed.

The First Information Report No.175/2022 registered at Dabki Road Police Station, District Akola for offence under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code is hereby quashed and set aside.

6.

Rule is made absolute accordingly.

JUDGE JUDGE