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Bombay High CourtAPL/524/2026allowed

Swaraj So Rajendra Shrirao v. State Of Maharashtra Thr Pso., Ps Umred Tq. Umred Dist. Nagpur And ANR

2026-05-05Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2026:BHC-NAG:7050 1 56.apl.524.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 524/2026 Swaraj s/o. Rajendra Shrirao Vs.

State of Maharashtra and Anr.

................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. N. C. Nagapure, Advocate for Applicant.

Mr. N. S. Autkar, A.P.P. for Non-applicant/State. CORAM :

MRS. VRUSHALI V. JOSHI, J.

DATED :

05.05.2026 1.

The applicant has filed this application for quashing the First Information Report No. 418/2023 registered for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and proceedings against him.

2.

Though non-applicant No. 2 has been served, she is not present.

3.

Learned Counsel for the Applicant submits that a decree of divorce by mutual consent has been obtained. The matter was settled during mediation. The Applicant has received an amount of Rs. 12,50,000/- before the Civil Judge, Senior Division, Umred. After receipt of the said amount and obtaining the decree of divorce, Non-Applicant No. 2 is not present before this Court. As per the consent terms, Non-Applicant No. 2 had agreed to withdraw all pending cases and to give no objection for quashing the First Information Report.

2 56.apl.524.26.odt 4.

Non-Applicant No. 2 is not present before this Court. The First Information Report against the in-laws has already been quashed and set aside by this Court. The matter has been settled and Non-Applicant No. 2 has obtained a decree of divorce. Though she is absent, in view of the consent terms and the decree of divorce, a case is made out to quash and set aside the First Information Report registered against the present Applicant, who is the husband of Non-Applicant No. 2.

5.

Hence, the First Information Report No.

418/2023 registered for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and proceedings against him are quashed and set aside subject to depositing costs of Rs.5,000/- paid by the applicant with the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur bearing Account No.129712010001014 and IFSC Code UBIN0812978 within a period of two weeks and producing the receipt thereof on record within two weeks thereafter. 6.

The application is allowed in the above terms and disposed of.

(MRS.VRUSHALI V. JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 06/05/2026 19:15:38