Kapil Chandrakant Ganje And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 782 OF 2025 Kapil Chandrakant Ganje and Ors.

.... Applicants V/s.

The State of Maharashtra and anr.

.... Respondents Mr. Ramji Kotali for the Applicants.

Ms. Supriya Kak, APP for the Respondent No.1 - State. Mr. Tukaram Shendge for Respondent No.2.

CORAM : SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ.

DATED : 07th OCTOBER, 2025 P.C. :- .

This is an Application for quashing of the proceedings arising out of C.R.No.45/2023 dated 04/02/2022 registered with Market Yard Police Station, Dist. Pune for offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code. 2) Heard Mr. Ramji Kotali, learned Counsel for the Applicants, Ms. Supriya Kak, learned APP for Respondent No.1 - State and Mr. Tukaram Shendge, learned Counsel for Respondent No.2. 3) The charge-sheet is already filed vide charge-sheet No.72/2023 before the learned JMFC, Court No.8, Pune and the R.C.C.No.4379/2024 is pending before the said Court. The prayer is made for quashing by consent. The FIR is lodged by the Respondent No.2. The Applicant No.1 is her husband and the other two Applicants are his parents. It is not necessary to 1/3

refer to the allegations in the FIR in detail because the parties have settled their dispute. Briefly stated, the allegations are that the Respondent No.2 got married with the Applicant No.1 on 30/11/2021. After marriage, the Applicants started ill-treating her. In particular, the Applicant Nos.2 and 3 used to find fault with her household work. The Applicant No.1 used to take their side. After two months from her marriage, she was diagnosed with Tuberculosis and her health deteriorated. Inspite of that, the Applicants did not spend money for her treatment. Instead, they continuously demanded Rs.60,000/- for repairing their vehicle. The Applicant No.1 used to harass her by saying that he would get married with someone else as she was continuously remaining ill. In July, 2022 she was driven out of her matrimonial house.

Even then, when she was residing with her parents, the Applicants used to come to their house and used to abuse them. On these allegations, the FIR is lodged. The charge-sheet contains the statements of the parents, sisters and other acquaintances of the Respondent No.2 who have supported her case. 4) Now, the matter is completely settled between the parties. The Respondent No.2 has filed her affidavit giving her specific consent for quashing of these proceedings. The Respondent No.2 is present in the Court. She is identified by her learned Counsel. She reiterated the contents of her Affidavit and submitted before the Court that she has no objection for quashing of the present proceedings.

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5) Considering this situation, no purpose would be served by continuation of the criminal prosecution. Therefore, in the interest of justice and in the interest of parties, we are inclined to allow this Application. Hence, the following Order :- (a) The FIR bearing C.R.No.45/2023 dated 04/02/2022 registered with Market Yard Police Station, Dist. Pune for offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and the consequent proceedings arising therefrom, are quashed and set-aside. 6) The Application is disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.10.15 12:41:54 +0530 3/3