Vijay S/O Murlidhar Dhanjode And Another v. The State Of Maharashtra Thr. Thr Ps, Hingna, Dist. Nagpur And Another

2024:BHC-NAG:8103-DB 1 80.apl.998.24-J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 998 OF

1. Vijay S/o. Murlidhar Dhanjode, Aged about 49 years, Occ.: Teacher, R/o. Plot No.115, Satwik Niwas, Suraj Nagar, Raipur, Hingna, Dist. Nagpur.

2. Gajanan S/o. Murlidhar Dhanjode, Aged about 39 years, Occ.: Service, R/o. Atharva Nagari-6, 9th Floor, Pipla Road, Besa, Nagpur.

2nd Add. R/o. P.No.115, Satwik Niwas, Suraj Nagar, Raipur, Hingna, Dist. Nagpur.... APPLICANT S ...VERSUS...

1. The State of Maharashtra, Through the Police Station Officer, Hingna, Dist. Nagpur.

2. Smt. Vanita w/o. Vijay Dhanjode (Vanita d/o. Harishchandra Karemore), Aged about 42 years, Occ.: Private, R/o. C/o. Sunita Dhage, Plot No.98, Ashirwad Nagar, Near Shrikrushna Mangal Karyalaya, Zingabai Takli, Godhni Road, Nagpur.

...NON-APPLICANTS ------------------------------------------------------------------------------------------------ Ms. Shiba Thakur, Advocate for Applicants.

Ms. Mayuri Deshmukh, A.P.P. for Non-applicant/State. Mr. N. D. Anjankar, Advocate for Non-applicant No.2. ----------------------------------------------------------------------------------------------- CORAM : SMT. VIBHA KANKANWADI AND MRS. VRUSHALI V. JOSHI, JJ.

DATED :- 26.07.2024 ORAL JUDGMENT (PER :

SMT. VIBHA KANKANWADI, J.) :- 1.

Heard.

2 80.apl.998.24-J.odt 2.

ADMIT. The matter is taken up for final disposal by consent of learned Counsel appearing for the parties. 3.

The present application has been filed for quashing the charge-sheet No.45/2016 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code arising out of First Information Report vide Crime No.166/2015 dated 28.12.2015 registered with Police Station, Hingna, District Nagpur. It appears that after the charge-sheet is filed, it is numbered as R.C.C.No.81/2016. 4.

The applicants and the non-applicant No.2 have settled their dispute and accordingly, the settlement deed has been arrived at and then the petition for mutual consent for divorce has also been filed. The parties were referred to the learned Registrar (Judicial) for verification. Accordingly, he has submitted report.

5.

In view of the settlement that has been arrived at, the application deserves to be allowed by exercising the powers under Section 482 of the Criminal Procedure Code.

6.

The application stands allowed. We hereby quash and set aside the First Information Report vide Crime No.166/2015 dated 28.12.2015 registered with Police Station, Hingna, District Nagpur and

3 80.apl.998.24-J.odt the charge-sheet bearing R.C.C. No.81/2016 pending before the learned Judicial Magistrate First Class, Hingna, District Nagpur for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code.

(MRS. VRUSHALI V. JOSHI, J.) (SMT. VIBHA KANKANWADI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 30/07/2024 11:29:32