Hemraj S/O Domaji Bhende And 3 ... vs State Of Mah. Thr. Ps Nandanvan ...
2022 Latest Caselaw 12788 Bom

                                                                 22judgAPL 631.2022.odt
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                CRIMINAL APPLICATION (APL) NO. 631/2022

1.       Shri. Hemraj s/o Domaji Bhende
         Aged about 63 yrs. Occ. - Agriculturist.

2.       Mrs. Jijabai w/o Hemraj Bhende.
         Aged about 59 yrs. Occ.- Housewife.
         Both are r/o Village Wad Dhamna,
         Tahsil - Hingna District- Nagpur

3.       Mrs. Nitu w/o Bholeshwar Wath.
         Aged about 40 yrs. Occ.- Housewife
         r/o Pardi P.S. Pardi Nagpur.

4.       Dr. Shashikant s/o Hemraj Bhende.
         Aged about 37 yrs. Occ. - Ayurvedic
         Medicines practitioner, R/o Plot
         No.298, Gurudev nagar Nadanvan
         P.S. Nandanvan, Nagpur 440009.                         ..... APPLICANT(S)

                                   // VERSUS //

1.       State of Maharashtra
         Through P.S. Nandanvan Nagar,
         Nagpur.

2.       Mrs. Kiran w/o Dr. Shashikant Bhende.
         Aged about 29 years.
         R/o Plot No. 17 c/o Bhganwandas
         Sendre, Shanti-Niketan Colony
         Pratap Nagar, P.S. Pratap Nagar,
         Nagpur-22.                                      .... NON-APPLICANT(S)

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Mr. P.K. Mishra, Advocate for the applicants Mr. I.J. Damale, APP for non-applicant no. 1 Mr. P.R. Thote, Advocate for non-applicant no. 2

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CORAM : SUNIL B. SHUKRE AND M. W. CHANDWANI, J.J.

DATED : 08/12/2022

ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

Rule. Rule made returnable forthwith. Heard finally by

consent.

2. The dispute is matrimonial and it has now been settled full

and finally by non-applicant no. 2 and applicant no. 4. The applicants as

well as non-applicant no. 2 i.e. complainant, are personally present

before the Court. They are identified by their respective Counsel. They

state that the matrimonial dispute is now settled and differences

between the husband and wife have also been resolved finally after

decree of divorce, on the basis of mutual consent, has been passed by the

Family Court, Nagpur on 09.11.2022.

3. In view of the above, we find no impediment in allowing

this application and accordingly, the application is allowed in terms of

the prayer Clause (b), which reads as under:-

"b. Quash the F.I.R. 0584/2021 registered u/s sections 498-A, 323, 504 & 34 of I.P.C. at P.S. Nandanvan, Distt. Nagpur against the applicants no. 1 to 4 in the interest of justice."

SMGate 22judgAPL 631.2022.odt

However, subject to condition that the applicants shall deposit an

amount of Rs.10,000/- (Rupees Ten Thousand only) as costs of the

litigation in the account of the Office of the Government Pleader, High

Court of Bombay, Nagpur Bench, Nagpur for the purpose of development

of Library and so also, non-applicant no. 2 shall deposit an amount of

Rs.1000/- (Rupees One Thousand only) in the account of the aforesaid

Office of the Government Pleader within a period of two weeks from the

date of the order, failing which, same shall be treated as fine amounts

imposed upon them and the Registry shall proceed against the applicants

and non-applicants no. 2 in accordance with law for realising the said

fine amount.

4. Pending Criminal Application (APPP) No. 1899/2022 is also

disposed of.

(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)

SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge Digitally signed by SANDIP MAHADEV GATE Date: 2022.12.08 19:07:57 +0530

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