Bombay High Court
Kushagra Ganesh Fating And ... vs State Of Maharashtra Thr. Pso Ps ... on 20 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1.apl502.503.2020jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 502 OF 2020
1. Kushagra Ganesh Fating
Aged : 30 years, Occ.: Private ... Applicants
2. Chaya @ Neha Ganesh Fating
Age : 55 years, Occ.: Household,
R/o. Sant Kabir Ward, Hinganghat.
Versus
1. The State of Maharashtra,
PSO, PS Hinganghat, Wardha
2. Harshal Kushagra Fating ...Non-applicants
C/o Bholeshwar Sambhaji Shelkar,
Datta Mandir Ward, Hinganghat,
Dist. Wardha.
WITH
CRIMINAL APPLICATION (APL) NO. 503 OF 2020
1. Jayprakash Wadgu Bhute
Aged : 36 years, Occ.: Business ... Applicants
2. Disha Jayprakash Bhute
Age : 31 years, Occ.: Household,
3. Isha Chandrashekhar Patil
Age : 33 years, Occ.: Household,
Applicant No.1 and 2, R/o. Nishanpura Ward,
Hinganghat.
Applicant No.3, R/o. Butibori, Nagpur.
Versus
1. The State of Maharashtra,
PSO, PS Hinganghat, Wardha
2. Harshal Kushagra Fating ...Non-applicants
C/o Bholeshwar Sambhaji Shelkar,
Datta Mandir Ward, Hinganghat,
Dist. Wardha.
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1.apl502.503.2020jud.odt
Mr. M.N. Ali, Advocate for applicants.
Mr. V.A. Thakare, APP for non-applicant/State in both applications.
Mr.S.N. Singh, Advocate h/f Mr. A.A. Dhawas, Advocate for respondent
No.2 in both applications.
CORAM : VINAY JOSHI, AND
BHARAT P. DESHPANDE, JJ.
DATED : 20.04.2023.
ORAL JUDGMENT : (PER: Vinay Joshi, J.)
. Admit. Heard finally by the consent of the learned
counsel for the respective parties.
(2) Both applications are for seeking to quash the same
FIR registered vide Crime No.330/2020, registered with Police Station
Hinghanghat, District - Wardha, for the offence punishable under
Sections 498-A, 109 read with Section 34 of the Indian Penal Code.
The applicants' are husband, mother-in-law, brother-in-law and sister-
in-laws of the informant lady. Initially, quashing was sought on merits,
however, as the matter is settled, the applicants are seeking to quash
FIR on account of settlement.
(3) The couple got married in the year 2018. The wife
has lodged a police report on account of alleged harassment, at the
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hands of husband and nearer relatives of husband. The couple has no
issue from marriage. They are residing separately since long.
Considering their future, with the advice of elderly, they have settled
the dispute. It was agreed that both shall seek divorce by mutual
consent and husband would pay Rs.11,50,000/- to wife towards full
and final settlement. The informant-wife has filed reply in both
applications about settlement and her no objection to quash FIR. The
informant is present before us, who is identified by her Advocate Mr.
S.N. Singh. On our query, informant stated about settlement and her
no objection to quash FIR.
(4) The learned counsel appearing for parties would
submit that in pursuance of settlement, petition for divorce by mutual
consent has been filed in the Court of Civil Judge Senior Division,
Hinghanghat, which is numbered as Hindu Marriage Petition
No.21/2023. Moreover, the learned counsel appearing for informant-
wife submits that husband has already deposited agreed sum of
Rs.11,50,000/-in the Court of Civil Judge Senior Division, Hinganghat.
The dispute is of domestic nature. In order to lead future life as per
choice, the parties have decided to severe matrimonial ties. In the
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1.apl502.503.2020jud.odt
circumstances, there is no purpose in going on with the criminal
prosecution as ultimately, it would be a futile exercise.
(5) In view of that, both applications are allowed. We
hereby quash and set aside the FIR in Crime No.330/2020, registered
with Police Station Hinganghat, District - Wardha, for the offences
punishable under Sections 498-A, 109 read with Section 34 of the
Indian Penal Code.
[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]
Prity
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