Bombay High Court
Suhas S/O Ramesh Kolhe And Others vs State Of Mah. Thr. Pso, Ps Wadi, Nagpur ... on 4 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:16831-DB
1 916-J-APL-1156-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1156 OF 2021
APPLICANTS : 1. Suhas S/o Ramesh Kolhe,
Aged 38 years, Occ. Private Service,
R/o Flat No.B-501, Green Spirit,
Survey No.37/11, Dnyaneshwar Nagar,
Pune, Tq. & District Pune.
(Husband of N.A.No.2).
2. Vimal Wd/o Ramesh Kolhe,
Aged 67 years, Occ.: Nil,
R/o House No.24, Ward No.1,
Gurudeo Nagar, Amravati - 444601.
(Mother of Applicant No.1)
3. Kiran W/o Pramod Talan,
Aged 44 years, Occ. Service,
(Sister-in-law N.A. 2).
4. Pramod S/o Mahadeorao Talan
Aged 45 years, Occ. Service,
Both applicant no.3 & 4 R/o Vitthal
Wadi, Kathora Naka Road,
Amravati - 444601.
(husband of sister-in-law No.3).
5. Swati W/o Ashish Lohi
Aged 40 years, Occ.: Service,
R/o D-203, Shri Ganesh Graceland,
Near Hotel Shivar Garden,
Rahatani, Pune-411 017.
(Sister-in-law of NA 2).
VERSUS
NON-APPLICANTS: 1. State of Maharashtra
Through Police Station Officer,
Police Station Wadi,
Nagpur, Tq. & Dist. Nagpur.
2 916-J-APL-1156-21.doc
2. Sneha W/o Suhas Kolhe
Aged 31 years,
R/o C/o Vasantrao Gorde,
Plot No.3, Mangaldham Society,
Dattawadi, Nagpur,
Tq. & Dist. Nagpur.
(Wife of Applicant No.1).
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Ms. Aastha Sharma, Advocate for applicants.
Shri M. J. Khan, Additional Public Prosecutor for Non-applicant No.1.
Shri Niranjan Jadhao, Advocate for Non-applicant No.2.
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CORAM:- VINAY JOSHI AND
M. W. CHANDWANI, JJ.
DATED : 04/12/2023.
ORAL JUDGMENT : (PER VINAY JOSHI, J.) :
1. Heard finally with the consent of learned counsel
appearing for the parties. Admit.
2. This is an application seeking to quash FIR in Crime
No.0406/2021 for the offences punishable under Sections 498-A
and 506 r/w Section 34 of the Indian Penal Code on account of
settlement. The couple got married on 04/03/2014 and had a
female child born on 16/02/2016. Due to matrimonial dispute, the
couple started to reside separately from 13/03/2021. Feeling
matrimonial harassment, wife had lodged FIR on 24/09/2021. The
investigation was carried out, however, due to intervention of this
Court, charge sheet has not been filed.
3 916-J-APL-1156-21.doc
3. In the meantime, the matter was referred for
mediation, which resulted into settlement. The terms of the
settlement were fixed before the learned Mediator. It was agreed
that the couple should jointly file petition for divorce. The
husband would pay sum of Rs.11,00,000/- towards full and final
settlement. It was decided that the custody of female child shall be
with the applicant No.1 - husband. In view of the settlement, the
parties have applied to the Family Court and obtained a decree of
divorce on 23/11/2023. The agreed sum has been deposited in the
Family Court, which the husband agrees that wife shall withdraw,
after disposal of this application. Today, the informant - wife is
present before us, who has been identified by Advocate Shri
Niranjan Jadhao. The informant agreed about the settlement and
has no objection to quash the proceedings.
4. It is matrimonial dispute which has been amicably
settled. In the circumstances, continuation of prosecution amounts
to abuse of process of the Court. In view of the above, application
is allowed. We hereby quash and set aside the FIR in Crime
No.0406/2021 for the offences punishable under Sections 498 and
506 r/w Section 34 of the Indian Penal Code.
5. The application stands disposed of accordingly.
4 916-J-APL-1156-21.doc
6. Applications pending, if any, are disposed of
accordingly.
[M. W. CHANDWANI, J.] [VINAY JOSHI, J.]
Choulwar
Signed by: V.M. Choulwar (VMC)
Designation: PS To Honourable Judge
Date: 06/12/2023 19:07:46
