Bombay High Court
Shreyash S/O Nilkanth Gajbhiye And ... vs State Of Mah. Thr. Its Pso, Ps, Mouda, ... on 20 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17341-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.750 OF 2022
1. Shreyash s/o Nilkanth Gajbhiye, aged
about 34 years, Occ. Private service,
2. Nilkanth Raghunath Gajbhiye, aged
about 66 years, Occ. Nil.
3. Pratibha w/o Nilkanth Gajbhiye, aged
about 55 years.
All r/o Ramai Nagar, Nari Road,Nagpur,
District Nagpur.
... APPLICANTS
VERSUS
1. State of Maharashtra, through its
Police Station Officer, Police Station,
Mouda, Tah. Mouda, Dist. Nagpur.
2. Sou. Vandana w/o Shreyash
Gajbhiye, aged about 31 years, Occ.
Private Service, R/o C/oMaroti
Bagde, Panchayat, Mouda, Tah.
Mouda, District Nagpur.
... NON-APPLICANTS.
_____________________________________________________________
Shri M.V. Rai, Advocate for the applicants.
Shri Ghurde, Addl.P.P. for the State
Shri A.B. Yadav, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 20.12.2023.
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ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final disposal by consent of the
learned Counsel appearing for the parties.
3. The applicants are seeking to quash the charge-sheet
bearing R.C.C. No. 250 of 2022 arising out of First Information
Report bearing Crime No.255 of 2022 registered with the Mouda Police
Station, Nagpur Rural for the offence punishable under Section 498-A
read with Section 34 of the Indian Penal Code, on account of mutual
settlement.
4. The couple got married on 12.05.2018. The informant lady
started to reside with her husband and other family members. After few
days from the marriage, feeling matrimonial harassment, the wife
returned to her maternal home and lodged the report. The Police have
completed the investigation and filed the charge-sheet. It is informed
that yet charges have not been framed. The wife has also filed the
proceedings under the Protection of Women From Domestic Violence
Act, 2005 and application for restitution of conjugal rights. In the
meantime, with the aid and intervention of relatives, matrimonial
differences have been patched up.
5. The informant lady is present before the Court who is
identified by her Counsel Shri A.B. Yadav. The informant stated that the
matter is settled and as per settlement she would resume cohabitation
from 05.012024. Both have filed an affidavit about the settlement.
Particularly, the informant in her affidavit stated about the settlement
and also mentioned that from 05.01.2024, she would reside with her
husband as agreed. The applicant husband also assures that he would
allow the wife and they would start new phase of life.
6. Since the matter is settled and there is reunion of couple,
we have no hesitation to invoke our inherent jurisdiction, therefore, the
application is allowed.
7. We hereby quash and set aside the charge-sheet bearing
R.C.C. No. 250 of 2022 arising out of First Information Report bearing
Crime No.255 of 2022 registered with the Mouda Police Station,
Nagpur Rural for the offence punishable under Section 498-A read with
Section 34 of the Indian Penal Code, pending on the file of the Judicial
Magistrate First Class, Mouda.
8. The Criminal Application stands disposed of.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 22/12/2023 16:45:33
