Dharmpal S/O Ashok Raut (Husband) v. State Of Mah. Thr. Pso Yavatmal (Rural) And Another
2025:BHC-NAG:132-DB 1 apl 1610.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Criminal Application (APL) No.1610/2023 Dharmapal Raut and others V State of Maharashtra through PSO PS Yavatmal (Rural) and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.V. Rai, Advocate for applicants.
Mr. R.G. Bagul, Advocate for non-applicant no.2. Mr. Ganesh Umale, APP for State.
CORAM : Nitin B. Suryawanshi & M.W. Chandwani, JJ.
DATE : 06-01-2025.
This is an application seeking quashing of the chargesheet and proceedings of Regular Criminal Case No.292/2023 pending in the Court of learned Judicial Magistrate First Class, Yavatmal, in Crime No.505/2022 for offences under Sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code. ii.
Proceeding arose out of matrimonial dispute at the instance of non-applicant no.2-wife.
iii.
Applicant no.1-husband and non-applicant no.2-wife have filed affidavits stating that they have amicably settled their matrimonial dispute. As per the terms of settlement, they have filed proceeding No.F-153/2024 for grant of divorce by mutual consent, in the Family Court, Yavatmal. It is also mentioned that as per the settlement applicant no.1-husband has paid an amount of Rs. 1,00,000/- to non-applicant no.2-wife at the time of filing
2 apl 1610.23.odt of divorce petition and he has promised to pay remaining amount of Rs.85,000/- before this Court, at the time of quashing of chargesheet and the criminal case.
iv.
Learned Advocates for the parties submit that subsequently it is agreed between the parties that amount of Rs.85,000/- will be paid by applicant no.1-husband to nonapplicant no.2-wife, at the time of recording of evidence in divorce proceedings before the Family Court, Yavatmal. Joint affidavit making such statement is filed on record today. v.
Applicant no.1-husband and non-applicant no.2-wife are present before the Court today and they confirm about the settlement of their matrimonial dispute. They are identified by their respective Advocates. Non-applicant no.2-wife has no objection for quashing of the proceeding.
vi.
In the light of above circumstances and amicable settlement of matrimonial dispute, application is allowed in terms of prayer clause (a).
(M.W. Chandwani , J. ) (Nitin B.
Suryawanshi , J. ) Deshmukh