Bombay High Court
Piyush S/O. Chandu Gudadhe vs State Of Mah. Thr. Pso, Ps Nandgaon ... on 3 January, 2023
Bench: A.S. Chandurkar, Urmila Sachin Phalke
40.apl.1661.2022.Judgment.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1661 OF 2022
Piyush s/o Chandu Gudadhe,
Aged about 31 years,
Occ.: Service in Maerchant Navy,
R/o Plot No. 39-B, Mitrangan
Residency, Near Jawarkar Lawn,
Amravati, Tq. & Dist. Amravati. ..... APPLICANT
// VERSUS //
1. State of Maharashtra, through
Police Station Officer,
Police Station, Nandgaon Peth,
Amravati Tq. & Dist. Amravati.
2. Snehal w/o Piyush Gudadhe,
Aged about 25 years,
Occ.: Household,
R/o. C/o Ravindra Khedkar,
Treasury Colony, Arjun Nagar,
Amravati, Tq. & Dist. Amravati. .... NON-APPLICANTS
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Mr. P. R. Agrawal, Advocate for Applicant.
Mr. A. S. Fulzele, APP for Non-applicant No.1/State.
Mr. A. S. Ambatkar, Advocate for Non-applicant No.2.
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CORAM : A. S. CHANDURKAR AND
URMILA JOSHI-PHALKE, JJ.
DATED : 03/01/2023
ORAL JUDGMENT : [Per URMILA JOSHI-PHALKE, J.]
1. Rule. Rule made returnable forthwith. Heard finally with
consent of the learned counsel for the parties.
40.apl.1661.2022.Judgment.odt
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2. By preferring this application, the applicant seeking relief
for quashing of First Information Report vide Crime No.489 of 2021
registered at Police Station Nandgaonpeth, Amravati for the offence
punishable under Sections 324, 498-A, 504 and 506 read with Section
34 of the Indian Penal Code.
3. Non-applicant No.2 has lodged the report against the
present applicant alleging that her marriage was performed with
applicant on 02/12/2020. Her husband is serving in Merchant Navy.
After marriage she resumed cohabitation at her matrimonial house. She
was ill-treated and harassed by applicant. Her father though given him
Rs.3,00,000/- (Rs. Three Lacs) for purchase of the house but applicant
had not returned the said amount. Whenever she demands the amount,
her husband assaults her. On the basis of said report, police have
registered the offence against the applicant.
4. On the basis of the allegations, offence was registered
against the present applicant. During the pendency of the application,
applicant and the non-applicant No.2 amicably settled the dispute and
decided to obtain the mutual consent. They both have already
preferred the petition before the trial Court. In response to the notice,
non-applicant No.2 appear and accepted the contentions of the
40.apl.1661.2022.Judgment.odt
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applicant. The non-applicant No.2 is also present before the Court. We
have personally interacted with the non-applicant No.2 and she accepted
the statement that both parties have settled the matter amicably and she
has no grievances against the applicant.
5. In such circumstance, considering the matrimonial dispute
between the parties, which is amicably settled. The application deserves
to be allowed.
6. In view of the above, we proceed to pass the following
order.
ORDER
(i) The application is hereby allowed.
(ii) In view of settlement between the parties, the First Information
Report vide Crime No.489 of 2021 registered at Police Station
Nandgaonpeth, Amravati for the offence punishable under Sections 324,
498-A, 504 and 506 read with Section 34 of the Indian Penal Code
against the present applicant is quashed and set aside.
(iii) Rule is made absolute in the aforesaid terms.
(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)
Digitally signed byANANT R
SARKATE
Signing Date:03.01.2023
19:49 Sarkate.
