Rusheekesh Prashantrao Wankhade ... vs The State Of Mah. Thr. Pso, ...
2023 Latest Caselaw 4810 Bom

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

                 CRIMINAL APPLICATION (APL) NO.351 OF 2023

       1.       Rusheekesh Prashantrao Wankhade,
                aged 32 years, occupation : Private
                employment,

       2.       Jayashree Prashantrao Wankhade, aged
                60, Occupation : House wife.

                Applicant nos. 1 and 2 are residing at
                Yashomangal Layout, V.M.V. Road,
                Amravati, District Amravati.

       3.       Akshay Prashantrao Wankhade, Age : 35
                years, Occupation : Private employment.

                Applicant Nos. 3 and 4 are permanent
                residents of Pune City residing at A-2
                Building Lunkad Queensland opposite
                Optimus Society, Viman Nagar, Lohgaon,
                Pune.
                                                           ... APPLICANT

                                    VERSUS

       1.       The State of Maharashtra, through
                Police Station Officer, Brahmanwadi
                Police Station, Amravati (Rural),
                Taluka and District Amravati.

       2.       Samiksha Rusheekesh Wankhade,
                Age : 29 years, Occupation :
                Unemployed, Residing at c/o
                Prakashrao, Deshmukh, Surali,



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                Taluka : Chandur Bazaar, District
                Amravati.

                                                        ... NON-APPLICANTS

  _____________________________________________________________
         Shri R.D. Dhande, Advocate for the applicants.
         Shri Rode, A.P.P. for non-applicant no.1/State.
         Shri Joshi, Advocate for non-applicant no.2.
  ______________________________________________________________


                  CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 04/05/2023.

JUDGMENT : (Per : Vinay Joshi, J.)

Heard. ADMIT.

2. The matter is taken up for final hearing by consent of

learned Counsel appearing for the respective parties.

3. Learned Counsel Shri Joshi was appointed through Legal

Aid in the proceedings under the Protection of Woman from Domestic

Violence Act. He is aware about the matter as well as acquainted with

the informant. In view of that, we appoint the learned Counsel Shri

Joshi to represent the informant in this proceeding too.

4. This is an application seeking to quash the First Information

Report (FIR) in crime No.85 of 2023 registered with the Bramhanwadi

Police Station Amravati Rural for the offence punishable under Section

498-A read with Section 34 of the Indian Penal Code, on account of

settlement. It is submitted that yet the Charge-sheet has not been filed.

5. The informant lady got married with applicant no. 1 on

13.05.2021. Soon-after the marriage, she has faced matrimonial

harasment by the husband and his relatives, therefore, she has lodged

the report. The informant has also filed an application under the

provisions of the Protection of Woman from Domestic Violence Act. In

said proceedings, both were referred for mediation. The mediation

process was successful in which the matter has been amicably settled.

In view of settlement, the informant has filed a copy of an agreement

along with her consent for quashing of the FIR. It was agreed that the

parties shall apply to the Family Court for divorce by mutual consent.

The husband would pay certain sum as specified in the agreement. The

informant is present before us who is identified her Advocate Shri

Joshi. The informant lady has agreed about the settlement and

acceptances about the terms and conditions. She also gave her no

objection to quash the criminal prosecution. As per the agreement,

today, a cheque of Rs.3 lakhs has been handed over to the informant.

6. Learned Counsel Shri Dhande appearing for the applicants

gave assurances to this Court about the realization of the cheque. Since

the domestic dispute is settled in between the parties, there is no

purpose in continuing the criminal prosecution. In view of that we find

no impediment in quashing the FIR. Hence, the following order is

passed :

(a) The application is allowed and disposed of.

(b) We hereby quashed and set aside the First Information Report

(FIR) in crime No.85 of 2023 registered with the

Bramhanwadi Police Station Amravati Rural for the offence

punishable under Section 498-A read with Section 34 of the

Indian Penal Code.

7. Fess of the appointed Counsel be paid as per Rules.

              (BHARAT P. DESHPANDE, J.)                     (VINAY JOSHI, J.)

  Trupti