Bombay High Court
Sandeep Gaurishankar Bhautmange And 5 ... vs The State Of Mah. Thr. Pso Ps Beltarodi ... on 9 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8841-DB
apl 1045-2024.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1045/2024
1. Sandeep s/o Gaurishankar
Bhautmange, Aged about 37 yrs,
Occ. Service,
2. Gaurishankar s/o Laxman
Bhautmange, Aged about 64 years,
Occ. Retire
3. Ranjana @ Priya w/o Gaurishankar
Bhautmange, Aged about, 60 years,
Occ. Household,
Sr. No.1 to 3 R/o. Agase Nagar
lay-out, Station Road, Tirora,
Tah. Tirora, Dist. Gondia.
4. Pallavi w/o Rahul Pundge,
Aged about 34 years, Occ. Household
5. Rahul s/o Yashwant Pundge,
Aged about 37 years, Occ. Private,
Sr. No.4 and 5 R/o Siddharth Nagar
Purna, Tah. Purna, dist. Parbhani.
6. Manish s/o Gaurishankar
Bhautmange, aged about 39 years,
apl 1045-2024.odt 2/5
Occ. Private, R/o. Agase Nagar
Layout, Station Road, Tirora,
Tah. Tirora, Dist. Gondia.
....APPLICANTS
...VERSUS...
1. State of Maharashtra
Through P.S.O., P.S. Beltarodi, Nagpur
2. Ashwinin w/o Sandeep Bhautmange,
Aged bout 33 yrs., Occ. Household,
R/o C/o Yogeshwar Mate, Welcome
Society, Near Park, Behind
Pandurang Hall, Godhani Road
Zingabai Takli, Nagpur
...NON-APPLICANTS
----------------------------------------------------------------------------------
Shri A.M. Gedam, Advocate for applicants
Shri A.B. Badar, APP for non-applicant No.1/State
Shri S.M. Dangre, Advocate for non-applicant No.2
----------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND
SMT. VRUSHALI V. JOSHI, JJ..
DATED : 09/08/2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of learned Counsel for the respective parties.
3. This is an application seeking to quash the criminal
proceeding in R.C.C. No.1423/2023 arising out of Crime
No.170/2022 registered with Police Station Beltarodi, Nagpur for
the offences punishable under Sections 498-A, 323, 506, 504, 312
and 313 of the Indian Penal Code, on account of mutual
settlement.
4. The parties got married on 12/11/2021, of which the
informant lady resumed to cohabit with her husband and in-laws.
Within few days, both of them realised that they cannot live
together due to differences. The informant was dissatisfied since
she has been harassed on account of unlawful demands. Somehow
she pulled on for hardly for 2 to 3 months and thereafter as things
became unbearable, she left her matrimonial house. Later on, she
has lodged the report on the basis of which, crime has been
registered. After investigation, chargesheet has been filed. It is
informed that the learned trial Court has not yet framed the
charges.
5. The couple is young having no issue from the marriage.
They were in agreement that due to differences, they cannot live
together. With the aid and advice of elder members of the family,
they decided to settle the matter amicably. Both of them applied to
the learned Family Court to convert the pending petition into the
petition for divorce by mutual consent. Accordingly, they have
filed terms of settlement in the Family Court of which copy is
tendered. The informant has also filed an affidavit before us
stating about settlement.
6. Today, informant is present, who is identified by her
Counsel. It was agreed that the husband would pay total sum of
Rs.5,00,000/- (Rupees Five Lakhs) towards one time maintenance
and party would get divorce by mutual consent. The applicant
No.1 husband undertakes to this Court that he will hand over
demand draft of Rs.4,00,000/- and cash amount of Rs.1,00,00/- to
the informant on or before 13/08/2024. We accept his statement
as an undertaking given to this Court.
7. Since it was a matrimonial dispute, which is resolved
mutually, continuation of prosecution is an exercise in futility. In
the circumstances, application is allowed.
8. We hereby quash and set aside the criminal proceedings
in in R.C.C. No.1423/2023 arising out of Crime No.170/2022
registered with Police Station Beltarodi, Nagpur for the offences
punishable under Sections 498-A, 323, 506, 504, 312 and 313 of the
Indian Penal Code.
9. Rule is made absolute in above terms. No costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 12/08/2024 18:59:44
