Bombay High Court
Priyanka W/O. Dinesh Bhagat And Others vs State Of Mah. Thr. Pso, Ps Mangrulpir, ... on 18 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17391-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1661 OF 2023
Applicant No.1 is
1. Sau. Priyanka W/o Dinesh Bhagat,
transposed as Non-
applicant No.2 vide (Wife) Aged about 33 years,
order dated Occupation : Household.
18.12.2023.
2. Dinesh S/o Waman Bhagat (husband)
Aged about 40 years, Occ: Service,
3. Smt. Kanta Wd/o Waman Bhagat,
(Mother-in-law), Aged about 60 years,
Occupation : Household.
Nos. 1 to 3, R/o Santaji Nagar,
Manoli Raod, Mangrulpir,
Tq. Mangrulpir, Dist. Washim.
4. Arvind S/o Waman Bhagat
(Brother-in-law) Aged about 48 years,
Occupation : Agriculturist.
5. Sau. Archana W/o Arvind Bhagat
(Wife of Brother-in-law)
Aged about 40 years,
Occupation : Household.
Nos.4 and 5 R/o Vanoja,
Tq. Mangrulpir, Dist. Washim.
6. Manish S/o Waman Bhagat,
(Brother-in-law)
Aged about 44 years, Occ:Service
7. Sau. Vijaya @ Jaya W/o Manish Bhagat
(Wife of brother-in-law)
Aged about 35 years,
Occ: Service
Nos.6 and 7 R/o Ma Santoshi Nagar,
Jam Road, Mangrulpir,
Tq. Mangrulpir, Dist. Washim.
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8. Sau. Vishakha W/o Milind Kajale
(Sister-in-law) Aged about 36 years,
Occ: Housewife
No.8, R/o Subhash Nagar,
Hingana Road, Nagpur,
Tq.& Dist. Nagpur.
9. Vishal Purushottam Manwar
(Husband of Sister-in-law)
Aged about 35 years,
Occ: Agriculturist.
10. Sau. Sujata W/o Vishal Manwar
(sister-in-law) Aged about 32 years,
Occ: Housewife.
Nos.9 and 10, R/o Vai, Tq. Karanja
Dist. Washim. ...APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
Through its Police Station Officer,
Police Station, Mangrulpir,
Dist. Washim.
2. Sau. Priyanka W/o Dinesh Bhagat,
(Wife) Aged about 33 years,
Occupation : Household
R/o Santaji Nagar,
Manoli Raod, Mangrulpir,
Tq. Mangrulpir, Dist. Washim. ...NON-APPLICANTS
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Shri P.S. Uparwat, Advocate for applicants.
Shri M.J. Khan, APP for non-applicant No.1.
Shri D.A. Mudgale, Advocate for non-applicant no.2.
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CORAM :- VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED :- 18.12.2023.
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ORAL JUDGMENT (PER : VINAY JOSHI, J.):
. On oral request of the learned counsel appearing for the
applicants, the applicant no.1 is permitted to transpose as non-
applicant no.2. Amendment be carried out forthwith.
2. Heard. Admit.
3. By consent of the learned counsel for the parties, the matter is
taken up for final disposal.
4. This is an application seeking to quash criminal prosecution
namely Regular Criminal Case No.178/2019 arising out of Crime
No.271/2019 registered with Mangrulpir Police Station, District
Washim for the offence punishable under Sections 498A, 504, 506
read with Section 34 of the Indian Penal Code, on account of mutual
settlement.
5. Couple got married on 13.05.2018 and started to live together.
After few years of marriage, the informant lady was subjected to
harassment hence she has lodged the report. The police have
investigated the crime and filed charge-sheet. The informant has also
filed proceedings under the provisions of Protection of Women from
Domestic Violence Act, 2005.
6. In the meantime, due to intervention of elderly members of the
family, mutually the dispute was settled. The informant wife has
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started to reside in the family of applicants from last six months. The
couple has a son aged 5 years living with them. Since the minor
misunderstanding was removed now both are living happily together.
The informant wife is present before us, who is identified by her
counsel.
7. The informant has filed an affidavit-cum-reply stating that the
matter is settled. She is living with her husband and do not want to
prosecute the case. Since there is reunion between the couple
obviously continuation of prosecution would be against the interest of
the parties amounting to abuse of process of the Court. Certainly, the
interest of justice would be secured by quashing the prosecution. In
view of that, the application is allowed and disposed of.
8. We hereby quash and set aside the criminal prosecution namely
Regular Criminal Case No.178/2019 pending on the file of the
Judicial Magistrate First Class, Mangrulpir, District Washim arising
out of Crime No.271/2019 registered with Mangrulpir Police Station,
District Washim for the offence punishable under Sections 498A, 504,
506 read with Section 34 of the Indian Penal Code.
(M.W. CHANDWANI, J) (VINAY JOSHI, J.)
Wagh
