← Library
Bombay High CourtAPL/1708/2024allowed

Shashank S/O Satyendrakumarji Pandey And 3 Others v. State Of Maha Thr Pso, Ps, Nandanw, Nagpur And Antoher

2025-01-22Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice M. W. Chandwani3 pages

2025:BHC-NAG:1366-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION [APL] NO.1708 OF 2024 :

1.

Shashank s/o Satyendrakumarji Pandey, Aged 35 Years, Occu. Service.

Applicants (Husband) (Father-in-Law) 2.

Satyendrakumarji Shivnathji Pandey, Aged 60 Years, Occu. Govt. Service.

(Mother-in-Law) 3.

Sandhya Satyendrakumarji Pandey, Aged 53 Years, Occu. Housewife.

(Brother-in-Law) 4.

Ajay Satyendrakumarji Pandey, Aged 31 Years, Occu. Student.

All R/o Ayodya Byepass, Sagar Land Mark, Flat No.16, A Block, Bhopal.

- Versus - Non-Applicants :

1.

State of Maharashtra, Through its Police Station Officer, Police Station Nandanwan, Nagpur.

(Complainant) 2.

Mrs. Piyusha Shashank Pandey, Aged 30 Years, Occu. Service, R/o Bandu Chandrabhanji Ghodmare, Plot No.54, Shivaji Society, Hiwri Nagar, Nagpur.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Vidhya Umale, Advocate for the Applicants. Mr. A.B. Badar, A.P.P. for Non-Applicant No.1/State. Mr. S.K. Thengari, Advocate for Non-Applicant No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

CORAM

: NITIN B. SURYAWANSHI AND M.W. CHANDWANI, JJ. DATE : 22 nd JANUARY, 2 025.

2/3 O R A L J U D G M E N T : (Per N.B. Suryawanshi, J.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

2.

By this application filed under Section 482 of the Code of Criminal Procedure, applicants seek quashing of the First Information Report in Crime No.174/2023, dated 03/05/2023, registered with Nandanwan Police Station, Nagpur for the offences punishable under Sections 506, 498-A read with Section 34 of the Indian Penal Code. The F.I.R., in question, is lodged by non-applicant No.2-wife against her husband and in-laws.

3.

During pendency of the present matter, the parties have amicably settled the matrimonial dispute. The terms of settlement are placed on record at Annexure-II.

4.

On 03/12/2024, all the applicants were present before this Court, however, non-applicant No.2 was not available, hence, the matter is kept today.

5.

Non-applicant No.2 has filed an affidavit reiterating the amicable settlement between her and applicant No.1-husband. It is also

3/3 stated that pursuant to the compromise, divorce petition bearing No.F726/2024 is already filed in the Family Court at Nagpur, under Section 13B of the Hindu Marriage Act. She has also stated that she has no objection, if the present proceedings are quashed.

6.

Today, the applicants are present through video conferencing and non-applicant No.2 is personally present in the Court, she is identified by her Advocate Mr. S.K. Thengari. She has confirmed the settlement and has no objection to quash the prosecution.

7.

In view of the settlement between the parties, we allow the application and quash and set aside the F.I.R. No.0714/2023, dated 03/05/2023 registered with Nandanwan Police Station, Nagpur for the offence punishable under Sections 506, 498-A read with Section 34 of the Indian Penal Code.

8.

Rule is made absolute in the above terms with no order as to costs.

(M.W. Chandwani, J.) (Nitin B. Suryawanshi, J.) *sandesh