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Bombay High CourtAPL/1330/2025allowed

Amol Vasantrao Bhise v. State Of Maharashtra And ORS

2025-12-01Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere5 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.12.03 20:29:12 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1330 of 2025 Amol Vasantrao Bhise, Age: 41 years, Occ.: Service, R/at. 405, Yashwant Park, Lane No.2, Rajgad Colony, Ganganagar, Fursungi, District Pune.

... Applicant (Orig. accused)

Versus

1. The State of Maharashtra (At the instance of Chandannagar Police Station (C.R. No.420/2025)

2. Kiran Tulshiram More, Police Sub-Inspector attached with Chandannagar Police Station, Pune.

3. Shital Amol Bhise, Age: 36 years, Occ.: Household, R/at. 405, Yashwant Park, Lane No.2, Rajgad Colony, Ganganagar, Fursungi, District Pune.

... Respondents (Res.No.2, Orig/ Complainant) Mr. Ghanasham Jadhav for the Applicant Mrs. P. P. Shinde, Addl. P.P for the Respondent Nos.1 & 2-State Mr. Mahesh S. Arjun for the Respondent No.3 1/5

CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

MONDAY, 1 st DECEMBER 2025 ORAL JUDGMENT (Per Revati Mohite Dere, J.) :

Heard learned counsel for the parties.

Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned Addl. P.P waives service on behalf of the respondent Nos.1 and 2State. Mr. Mahesh Arjun waives service on behalf of the respondent No.3.

By this application, the applicant seek quashing of the FIR registered vide C.R. No.420/2025 with the Chandannagar Police Station, for the alleged offences punishable under Sections 115(2), 296, 351(2), 352 of the Bharatiya Nyay Sanhita. Quashing is sought on the premise that the parties i.e. the applicant and the respondent No.3, who are husband and wife, have amicably settled their dispute.

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Perused the application. According to the respondent No.3, the incident occurred on 27th October 2025 at about 7:00 p.m. near the Chandannagar Police Station. It is alleged by the respondent No.2 that the applicant, who is the husband of respondent No.3, abused and assaulted the said respondent No. 3. Pursuant thereto, the respondent No.2 lodged the aforesaid FIR with the Chandannagar Police Station, alleging the aforesaid offences.

After registration of the FIR, the parties i.e. the applicant and the respondent No.3, who are husband and wife, amicably resolved their differences. They are presently residing together, along with their two minor children aged three years and 41⁄2 months.

Learned counsel for respondent No. 3 has tendered an affidavit of respondent No. 3-Shital Bhise. In the affidavit, she 3/5

has stated that she has no objection to the quashing of the FIR. She has further stated that she herself did not lodge any complaint, and that the FIR was registered at her behest, by the respondent No. 2.

Respondent No. 3 is present in Court. She reiterates the contents of her affidavit and confirms that she has no objection to the quashing of the FIR. She has also tendered a photocopy of her Aadhaar card, duly attested, which is taken on record. She is identified by her counsel.

Considering the nature of the dispute, the fact that the parties are husband and wife, the affidavit of respondent No. 3, and in view of the judgments of the Apex Court in this regard, there is no impediment in allowing the application. Admittedly, charge-sheet has not yet been filed. 4/5

Accordingly, the application is allowed. C.R. No. 420/2025 registered with Chandannagar Police Station as against the applicant is quashed and set-aside.

Rule is made absolute in the aforesaid terms. Application stands disposed of accordingly.

All concerned to act on the authenticated copy of this judgment.

SANDESH D. PATIL, J.

REVATI MOHITE DERE, J.

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