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Bombay High CourtAPL/80/2026allowed

Ankush Rambhau Kale And Others. v. State Of Maharashtra Thr Pso Ashthi Dist Wardha

2026-02-09Hon'Ble Shri Justice Pravin S. Patil3 pages

1/3 40.APL.80.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 80 OF 2026 (Ankush Rambhau Kale & Ors. V/s State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. V. Rai, Advocate a/w Ms. Naina Dhoke, Advocate for Applicants.

Mr. M. J. Khan, APP for Non-applicant No.1/State.

Mr. S. Nagrare, Advocate for Non-applicant No.2. ---------------------------

CORAM

:

PRAVIN S. PATIL, J.

DATE :

FEBRUARY 09, 2026.

.

Heard.

2.

By this Application, the Applicants are seeking quashment of Regular Criminal Case No. 27/2024 and Chargesheet No. 8/2024 dated 4/2/2024 arising out of Crime No. 324/2023 for the offence punishable under Sections 498-A, 323, 504 and 506 of Indian Penal Code.

3.

During the pendency of present proceedings, the matter being arising out of matrimonial discord, was amicably settled between the parties out of Court.

4.

It is pointed out by the learned Counsel for both sides that in terms of their settlement deed they have decided to get separated from each other, and accordingly, Divorce Petition is also

2/3 40.APL.80.2026.odt filed before the Civil Judge Senior Division, Wardha. In the said proceeding, one of the condition is incorporated that Non-applicant No.2 will withdraw all the allegations levelled against the present Applicants. The Non-applicant No.2 also filed the affidavit in the matter stating therein that in view of the settlement between them, she do not want to proceed with the present Application.

5.

Today, the Applicant as well as Non-applicant No.2 are present in the Court. They are identified by their respective Counsels and also their signatures are identified by the learned respective Counsels on the Application as well as affidavit placed on record.

6.

In view of the Judgment of the Hon'ble Supreme Court of India in the case of B. S. Joshi and Others V/s State of Haryana and Another, (2003) 4 Supreme Court Cases 675, there is no bar of Section 320 of the Code of Criminal Procedure for settlement in the matrimonial matters. In view of this, there is no impediment for settlement of dispute between the parties. 7.

In the circumstance, Criminal Application is allowed. 8.

Regular Criminal Case No. 27/2024 and Chargesheet No. 8/2024 dated 4/2/2024 arising out of Crime No. 324/2023

3/3 40.APL.80.2026.odt for the offence punishable under Sections 498-A, 323, 504 and 506 of Indian Penal Code are hereby quashed and set aside. 9.

Regular Criminal case No. 27/2024 is hereby quashed and set aside, subject to costs of Rs. 10,000/- jointly by the Applicants and Non-applicant No.2, to be deposited with the "Public Welfare Account", which is operated in terms of Suo Motu Public Interest Litigation No. 01/2021, within a period of two weeks from today.

10.

No order as to costs.

11.

In view of disposal of the present Application, pending Criminal Application No. 174/2026 does not survive. The same stands disposed of accordingly.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 10/02/2026 14:44:07