Bombay High Court
Chanchal S/O. Prakash Khobragade And ... vs State Of Mah. Thr. Pso, Ps Bhandara, ... on 12 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17268-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1047 OF 2023
1. Chanchal s/o Prakash Khobragade, aged
about 35 years, Occ. Service, R/o Kolba
Swami Residency, Vitthal Nagar 01,
Uday Nagar, New Era School, Nagpur.
2. Mangala wd/o Prakash Khobragade,
aged : Major, Occ. Housewife, R/o Kolba
Swami Residency, Vitthal Nagar 01,
Uday Nagar, New Era School, Nagpur.
3. Komal w/o Amit Patel @ Komal Prakash
Khobragade, Aged : 33, Occ : Major, R/o
Pune, Corres Address : Kolba Swami
Residency, Vitthal Nagar 01, Uday Nagar,
New Era School, Nagpur
... APPLICANTS
VERSUS
1. State of Maharashtra, through Police
Station Officer, Police Station,
Bhandara, Tahsil and Dist. Bhandara.
2. Divya Chanchal Khobragade, Aged
29, Occ : Housewife, R/o New
Friends Colony, Lakshmi Nagar, Khat
Road, Bhandara.
... NON-APPLICANTS.
_____________________________________________________________
Shri I.A. Fidvi, Advocate for the applicants.
Shri Badar, Addl.P.P. for the State
Shri P. Talmale, Advocate for non-applicant no.2.
______________________________________________________________
2
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 12.12.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final hearing by consent of the
learned Counsel appearing for the parties.
3. This is an application seeking to quash the First Information
Report in Crime No.186 of 2023 registered with the Bhandara Police
Station, District Bhandara for the offence punishable under Sections
498-A, 504, 506 read with Section 34 of the Indian Penal Code, on
account of settlement.
4. The couple got married on 17.09.2021. After one year from
the marriage, due to temperamental differences, both started to reside
separately. The couple has no issue from the marriage. Feeling
matrimonial harassment, the informant-wife has lodged the report, on
the basis of which the crime has been registered. It is submitted that
the Police have not filed the charge-sheet. With the aid and intervention
of the friends and family, the matter is amicably settled. Both have
realized that due to temperamental differences, it is impossible to pull
on the marriage. In view of that, they have taken conscious decision to
severe matrimonial ties and to lead their live as per their choice. The
informant-wife is filed an affidavit stating about the settlement. She is
present before the Court and identified by her Counsel Shri P. Talmale.
She agreed on the terms of settlement before the Court.
5. In pursuance of the settlement, the parties have already
filed a petition for divorce by mutual consent in the Family Court,
Bhandara. As per the settlement, the husband has already deposit sum
of Rs.5 lakhs in the Family Court which the wife is supposed to
withdraw after passing of decree of divorce. It is a matrimonial dispute,
which cannot be termed as antisocial or heinous in nature. In view of
that, continuation of prosecution would be exercised in futility, hence,
the application is allowed. We hereby quash and set aside the First
Information Report in Crime No.186 of 2023 registered with the
Bhandara Police Station, District Bhandara for the offence punishable
under Sections 498-A, 504, 506 read with Section 34 of the Indian
Penal Code.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 18/12/2023 10:59:27
