Vidya D/O Raju Kale v. The State Of Maharashtra Thr. Ps, Rajapeth, Amravati And 2 Another

2024:BHC-NAG:12170-DB J-apl778.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) No.778 OF 2024 Vidya D/o. Raju Kale, Age about 24 years, Occupation : Labour, R/o. Dusshera Maidan, Amravati.

: APPLICANT ...VERSUS...

1. State of Maharashtra, through Police Station Rajapeth, Amravati.

2. Mrs. Monali W/o. Sarang Admane, Occupation : Household, Age about 29 years.

3. Sarang S/o. Keshavrao Admane, Age about 29 years, Occupation : Service, Both 2 & 3 are R/o. Sainik Colony, MIDC Road, Amravati.

: RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Y.S. Jaiswal, Advocate for applicant.

Mr. A.B. Badar, APP for respondent No.1.

Mr. S.V. Sirpurkar, Advocate for respondent Nos.2 and 3. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : VINAY JOSHI AND SANJAY A. DESHMUKH, JJ. DATE : 9 th OCTOBER, 2024.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

J-apl778.24.odt 2/3 1.

Admit.

2.

Heard finally with the consent of the learned counsel for the parties.

3.

This is an application seeking to quash the criminal prosecution bearing Regular Criminal Case No.1213/2023 arising out of Crime No.325/2022, registered with Police Station Rajapeth, Amravati, for the offence punishable under Sections 452, 294, 506 and 323 of the Indian Penal Code on account of settlement. 4.

It is informant's case that on 3.5.2022 around 01.50 p.m. the applicant forcibly entered in her house and pulled her hairs, abused in filthy language and gave threats to involve her husband in false case. The Police have investigated the matter and filed the charge-sheet. It is brought to our notice that in all six reports have been lodged by the informant against the applicant whilst the applicant lady has lodged report about sexual assault against the husband of informant i.e. non-applicant No.2. The parties have settled the dispute out of Court and decided to withdraw rival proceedings.

J-apl778.24.odt 3/3 5.

In accordance with settlement the informant has filed reply stating about the settlement and no objection to quash the proceeding. The informant has appeared before us and gave no objection. The offence cannot be termed as heinous or antisocial. In the circumstances, continuation of prosecution amounts to abuse of the process of the Court.

6.

In view of above, the application is allowed. 7.

The criminal prosecution bearing Regular Criminal Case No.1213/2023, pending on the file of learned Judicial Magistrate, First Class, Amravati arising out of Crime No.325/2022, registered with Police Station Rajapeth, Amravati, for the offence punishable under Sections 452, 294, 506 and 323 of the Indian Penal Code is hereby quashed and set aside.

8.

The criminal application is disposed of.

(SANJAY A. DESHMUKH, J.) (VINAY JOSHI, J.) wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 25/10/2024 17:44:36