Pravin S/O Shyamrao Tantrapale vs The State Of Mah. Thr. Pso Ps Ajni ...
2023 Latest Caselaw 1592 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                    NAGPUR BENCH : NAGPUR.



           CRIMINAL APPLICATION [APL] NO. 406 OF 2022.


Pravin s/o Shyamrao Tantrapale,
Aged 35 years,
Occupation - Service,
resident of Plot No.49, Dwarkapuri,
Near Nagoba Temple, Ajni,
Ngpur.                                        ...      APPLICANT.

                                VERSUS

1.The State of Maharashtra,
Through Police Station Officer,
Police Station Ajni,
Taluq and District Nagpur.

2.Smt. Jaymala w/o Sunil Khandekar,
Aged 50 years,
Occupation - Household,
resident of Dwarkapuri, Ring Road,
Near House of Mahendra Gajbhiye,
Nagpur.                                       ...   NON-APPLICANTS.


                          ---------------------------------
                Mr. J.K. Matale, Advocate for the Applicant.
       Mr. S.A. Ashirgade, Addl.P.P. for Non-applicant No.1 /State.
                       Non-applicant No.2 - Served.
                          ----------------------------------

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                         CORAM : VINAY JOSHI AND
                                 VALMIKI SA MENEZES, JJ.

DATE : FEBRUARY 16, 2023.

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Considering the controversy involved in the matter, and

by consent of the learned Counsel appearing for the respective

parties, Criminal Application is taken up for final disposal at the

stage of admission.

Admit.

2. This is an application in terms of Section 482 of the Code

of Criminal Procedure. Non-applicant No.2 has lodged a report

alleging that her son-in-law and his family members have assaulted

her, and brother of son-in-law has outraged her modesty.

3. It is submitted that during the pendency of the

proceedings, the matter has been amicably settled. Parties have

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prepared consent terms to that extent.

4. Applicants family members have approached this Court in

Criminal Application No. 265/2016 seeking to quash the first

information report. In said proceeding this Court took a note about

settlement and accordingly quashed the first information report to

their extent.

5. It is informed that daughter of informant, who is wife of

the applicant is staying with the applicant happily. It was a domestic

matrimonial dispute, which has been now resolved. Looking to

the welfare of the couple, the continuation of prosecution would be

against the interest of justice. Moreover, as the matter is settled, no

purpose would be served in continuing the prosecution. Moreover

quashing of prosecution would be in the interest of saving marriage

of informants' daughter.

6. In view of above, Criminal Application is allowed and

disposed of.

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7. The first information report bearing Crime No.49/2016

registered with Ajni Police Station, Nagpur for the offence

punishable under Sections 354, 325 read with Section 34 of the

Indian Penal Code is hereby quashed and set aside.

                                        JUDGE                        JUDGE




                         Rgd.
Signed By:RAKESH GANESHLAL
DHURIYA
Private Secretary
High Court of Bombay, at Nagpur
Signing Date:20.02.2023 12:52